Journal of the House - 87th Day - Thursday, April 26, 2018 - Top of Page 9267

STATE OF MINNESOTA

 

Journal of the House

 

NINETIETH SESSION - 2018

 

_____________________

 

EIGHTY-SEVENTH DAY

 

Saint Paul, Minnesota, Thursday, April 26, 2018

 

 

      The House of Representatives convened at 10:00 a.m. and was called to order by Kurt Daudt, Speaker of the House.

 

      Prayer was offered by the Reverend Roy Fruits, Senior Pastor, Rockpoint Church, Lake Elmo, Minnesota.

 

      The members of the House gave the pledge of allegiance to the flag of the United States of America.

 

      The roll was called and the following members were present:

 


Albright

Anderson, P.

Anderson, S.

Anselmo

Backer

Bahr, C.

Baker

Barr, R.

Bennett

Bernardy

Bliss

Bly

Carlson, A.

Carlson, L.

Christensen

Clark

Considine

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Drazkowski

Ecklund

Erickson

Fabian

Fenton

Fischer

Franke

Franson

Freiberg

Green

Grossell

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Jessup

Johnson, B.

Johnson, C.

Jurgens

Kiel

Knoblach

Koegel

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mahoney

Mariani

Marquart

Masin

Maye Quade

Metsa

Miller

Munson

Murphy, E.

Murphy, M.

Nash

Nelson

Neu

Newberger

Nornes

O'Driscoll

Olson

Omar

O'Neill

Peppin

Petersburg

Peterson

Pierson

Pinto

Poppe

Poston

Pryor

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sandstede

Sauke

Schomacker

Schultz

Scott

Smith

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Ward

West

Whelan

Wills

Youakim

Spk. Daudt


 

      A quorum was present.

 

      Applebaum; Becker-Finn; Johnson, S.; Lillie; Slocum and Zerwas were excused.

 

      Garofalo and McDonald were excused until 11:00 a.m.  Allen, Moran and Pelowski were excused until 1:55 p.m.  Flanagan was excused until 2:00 p.m.

 

      The Chief Clerk proceeded to read the Journal of the preceding day.  There being no objection, further reading of the Journal was dispensed with and the Journal was approved as corrected by the Chief Clerk.


Journal of the House - 87th Day - Thursday, April 26, 2018 - Top of Page 9268

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Knoblach from the Committee on Ways and Means to which was referred:

 

H. F. No. 3138, A bill for an act relating to human services; modifying provisions governing Department of Health and public health, health care, chemical and mental health, opioids and prescription drugs, community supports and continuing care, protections for older adults and vulnerable adults, children and families, health licensing boards, and MNsure; establishing the Vulnerable Adult Maltreatment Prevention and Accountability Act; modifying requirements for data sharing and data classifications; modifying a criminal penalty; establishing working groups; establishing prescription drug repository program; entering into nurse licensure compact; providing for rulemaking; requiring reports; modifying fees; making forecast adjustments; appropriating money; amending Minnesota Statutes 2016, sections 13.83, subdivision 2; 13.851, by adding a subdivision; 62A.30, by adding a subdivision; 62A.65, subdivision 7; 62Q.55, subdivision 5; 62V.05, subdivisions 2, 5, 10; 103I.205, subdivision 9; 103I.301, subdivision 6; 119B.011, by adding a subdivision; 119B.02, subdivision 7; 119B.03, subdivision 9; 144.121, subdivision 1a, by adding a subdivision; 144.1501, subdivisions 1, 3; 144.1506, subdivision 2; 144.608, subdivision 1; 144.6501, subdivision 3, by adding a subdivision; 144.651, subdivisions 1, 2, 4, 14, 16, 20, 21; 144A.10, subdivision 1; 144A.26; 144A.43, subdivisions 11, 27, 30, by adding a subdivision; 144A.44, subdivision 1; 144A.442; 144A.45, subdivisions 1, 2; 144A.472, subdivision 5; 144A.473; 144A.474, subdivisions 2, 8, 9; 144A.475, subdivisions 1, 2, 5; 144A.476, subdivision 1; 144A.479, subdivision 7; 144A.4791, subdivisions 1, 3, 6, 7, 8, 9, 10, 13; 144A.4792, subdivisions 1, 2, 5, 10; 144A.4793, subdivision 6; 144A.4797, subdivision 3; 144A.4798; 144A.4799, subdivision 1; 144A.484, subdivision 1; 144A.53, subdivisions 1, 4, by adding subdivisions; 144D.01, subdivision 1; 144D.02; 144D.04, by adding a subdivision; 144E.16, by adding subdivisions; 144G.01, subdivision 1; 145.56, subdivision 2; 145.928, subdivisions 1, 7; 146B.03, by adding a subdivision; 147A.08; 148.512, subdivision 17a; 148.513, subdivisions 1, 2, by adding a subdivision; 148.515, subdivision 1; 148.516; 148.519, by adding a subdivision; 148.5192, subdivision 1; 148.5193, by adding a subdivision; 148.5194, subdivision 8, by adding a subdivision; 148.5195, subdivision 3; 148.5196, subdivision 3; 148.59; 148E.180; 149A.40, subdivision 11; 149A.95, subdivision 3; 150A.06, subdivision 1a, by adding subdivisions; 150A.091, by adding subdivisions; 151.15, by adding subdivisions; 151.19, subdivision 1; 151.214, subdivision 2; 151.46; 151.71, by adding a subdivision; 152.11, by adding a subdivision; 169.345, subdivision 2; 214.075, subdivisions 1, 4, 5, 6; 214.077; 214.10, subdivision 8; 214.12, by adding a subdivision; 243.166, subdivision 4b; 245A.04, subdivision 7, by adding a subdivision; 245C.22, subdivision 4; 245D.071, subdivision 5; 245D.091, subdivisions 2, 3, 4; 254B.02, subdivision 1; 256.01, by adding a subdivision; 256.014, subdivision 2; 256.975, subdivision 7b; 256B.0575, subdivision 1; 256B.0595, subdivision 3; 256B.0625, subdivisions 2, 18d, 30, by adding subdivisions; 256B.0659, subdivisions 11, 21, 24, 28, by adding a subdivision; 256B.4914, subdivision 4; 256B.5012, by adding a subdivision; 256B.69, subdivision 5a; 256K.45, subdivision 2; 256M.41, subdivision 3; 256R.53, subdivision 2; 259.24, subdivision 2; 325F.71; 518A.32, subdivision 3; 518A.685; 609.2231, subdivision 8; 626.557, subdivisions 3, 4, 9, 9a, 9b, 9c, 9d, 10b, 12b, 14, 17; 626.5572, subdivision 6; 641.15, subdivision 3a; Minnesota Statutes 2017 Supplement, sections 13.69, subdivision 1; 103I.005, subdivisions 2, 8a, 17a; 103I.205, subdivisions 1, 4; 103I.208, subdivision 1; 103I.235, subdivision 3; 103I.601, subdivision 4; 119B.011, subdivision 20; 119B.025, subdivision 1; 119B.095, by adding a subdivision; 119B.13, subdivision 1; 144.1501, subdivision 2; 144A.10, subdivision 4; 144A.472, subdivision 7; 144A.474, subdivision 11; 144A.4796, subdivision 2; 144A.4799, subdivision 3; 144D.04, subdivision 2; 144H.01, subdivision 5; 144H.04, subdivision 1; 148.519, subdivision 1; 148.5193, subdivision 1; 148.5196, subdivision 1; 152.105, subdivision 2; 245A.03, subdivision 7; 245A.06, subdivision 8; 245A.11, subdivision 2a; 245A.50, subdivision 7; 245C.22, subdivision 5; 245D.03, subdivision 1; 245G.03, subdivision 1; 245G.22, subdivision 2; 252.41, subdivision 3; 254A.03, subdivision 3; 254B.03, subdivision 2; 256.045, subdivisions 3, 4; 256B.0625, subdivisions 3b, 56a; 256B.0921; 256B.4913, subdivision 7; 256B.4914, subdivisions 2, 3, 5, 6, 7, 8, 9, 10, 10a; 260C.007, subdivision 6; 364.09; Laws 2014, chapter 312, article 27, section 76; Laws 2017, First Special Session chapter 6, article 3, section 49; article 8, sections 71; 72; 74; article 18, sections 3,


Journal of the House - 87th Day - Thursday, April 26, 2018 - Top of Page 9269

subdivision 2; 16, subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 62Q; 137; 144; 144D; 144G; 148; 151; 245A; 256; 256B; 256K; 260C; repealing Minnesota Statutes 2016, sections 62A.65, subdivision 7a; 144A.45, subdivision 6; 144A.481; 151.55; 214.075, subdivision 8; 256.021; 256B.0705; Minnesota Statutes 2017 Supplement, section 146B.02, subdivision 7a.

 

Reported the same back with the following amendments:

 

Page 10, after line 14, insert:

 

"Sec. 12.  Minnesota Statutes 2016, section 144.057, subdivision 1, is amended to read:

 

Subdivision 1.  Background studies required.  The commissioner of health shall contract with the commissioner of human services to conduct background studies of:

 

(1) individuals providing services which have direct contact, as defined under section 245C.02, subdivision 11, with patients and residents in hospitals, boarding care homes, outpatient surgical centers licensed under sections 144.50 to 144.58; nursing homes and home care agencies licensed under chapter 144A; residential care homes licensed under chapter 144B, and board and lodging establishments that are registered to provide supportive or health supervision services under section 157.17;

 

(2) individuals specified in section 245C.03, subdivision 1, who perform direct contact services in a nursing home or a home care agency licensed under chapter 144A or a boarding care home licensed under sections 144.50 to 144.58.  If the individual under study resides outside Minnesota, the study must include a check for substantiated findings of maltreatment of adults and children in the individual's state of residence when the information is made available by that state, and must include a check of the National Crime Information Center database;

 

(3) beginning July 1, 1999, all other employees in nursing homes licensed under chapter 144A, and boarding care homes licensed under sections 144.50 to 144.58.  A disqualification of an individual in this section shall disqualify the individual from positions allowing direct contact or access to patients or residents receiving services.  "Access" means physical access to a client or the client's personal property without continuous, direct supervision as defined in section 245C.02, subdivision 8, when the employee's employment responsibilities do not include providing direct contact services;

 

(4) individuals employed by a supplemental nursing services agency, as defined under section 144A.70, who are providing services in health care facilities; and

 

(5) controlling persons of a supplemental nursing services agency, as defined under section 144A.70; and

 

(6) individuals providing services who have direct contact, as defined under section 245C.02, subdivision 11, with medically complex or technologically dependent children at a prescribed pediatric extended care center licensed under chapter 144H.

 

If a facility or program is licensed by the Department of Human Services and subject to the background study provisions of chapter 245C and is also licensed by the Department of Health, the Department of Human Services is solely responsible for the background studies of individuals in the jointly licensed programs."


Journal of the House - 87th Day - Thursday, April 26, 2018 - Top of Page 9270

Page 45, delete section 54 and insert:

 

"Sec. 55.  Minnesota Statutes 2017 Supplement, section 144H.01, subdivision 5, is amended to read:

 

Subd. 5.  Medically complex or technologically dependent child.  "Medically complex or technologically dependent child" means a child under 21 years of age who, because of a medical condition, requires continuous therapeutic interventions or skilled nursing supervision which must be prescribed by a licensed physician and administered by, or under the direct supervision of, a licensed registered nurse.:

 

(1) needs skilled assessment and intervention multiple times during a 24-hour period to maintain health and prevent deterioration of health status;

 

(2) has both predictable health needs and the potential for changes in condition that could lead to rapid deterioration or life-threatening episodes;

 

(3) requires a 24-hour plan of care, including a backup plan, to reasonably ensure health and safety in the community; and

 

(4) is expected to require frequent or continuous care in a hospital without the provision of services in the child's home or a community setting."

 

Page 45, after line 31, insert:

 

"Sec. 57.  Minnesota Statutes 2017 Supplement, section 144H.06, is amended to read:

 

144H.06 APPLICATION OF RULES FOR HOSPICE SERVICES AND RESIDENTIAL HOSPICE FACILITIES.

 

Minnesota Rules, chapter 4664, shall apply to PPEC centers licensed under this chapter, except that the following parts, subparts, and items, and subitems do not apply:

 

(1) Minnesota Rules, part 4664.0003, subparts 2, 6, 7, 11, 12, 13, 14, and 38;

 

(2) Minnesota Rules, part 4664.0008;

 

(3) Minnesota Rules, part 4664.0010, subparts 3; 4, items A, subitem (6), and item B; and 8;

 

(4) Minnesota Rules, part 4664.0020, subpart 13;

 

(5) Minnesota Rules, part 4664.0370, subpart 1;

 

(6) Minnesota Rules, part 4664.0390, subpart 1, items A, C, and E;

 

(7) Minnesota Rules, part 4664.0420;

 

(8) Minnesota Rules, part 4664.0425, subparts 3, item A; 4; and 6;

 

(9) Minnesota Rules, part 4664.0430, subparts 3, 4, 5, 7, 8, 9, 10, 11, and 12;

 

(10) Minnesota Rules, part 4664.0490; and

 

(11) Minnesota Rules, part 4664.0520.


Journal of the House - 87th Day - Thursday, April 26, 2018 - Top of Page 9271

Sec. 58.  Minnesota Statutes 2017 Supplement, section 144H.08, is amended to read:

 

144H.08 ADMINISTRATION AND MANAGEMENT.

 

Subdivision 1.  Duties of owner Owners.  (a) The owner of a PPEC center shall:

 

(1) have full legal authority and responsibility for the operation of the center.  A PPEC center must be organized according to a written table of organization, describing the lines of authority and communication to the child care level.  The organizational structure must be designed to ensure an integrated continuum of services for the children served.; and

 

(b) The owner must (2) designate one person as a center administrator, who is responsible and accountable for overall management of the center.

 

(b) In order to serve as an owner of a PPEC center, an individual must have at least two years of experience in the past five years (1) operating a business that provides care to medically complex or technologically dependent children, or (2) managing the care of medically complex or technologically dependent children.

 

Subd. 2.  Duties of administrator Administrators.  (a) The center administrator is responsible and accountable for overall management of the center.  The administrator must:

 

(1) designate in writing a person to be responsible for the center when the administrator is absent from the center for more than 24 hours;

 

(2) maintain the following written records, in a place and form and using a system that allows for inspection of the records by the commissioner during normal business hours:

 

(i) a daily census record, which indicates the number of children currently receiving services at the center;

 

(ii) a record of all accidents or unusual incidents involving any child or staff member that caused, or had the potential to cause, injury or harm to a person at the center or to center property;

 

(iii) copies of all current agreements with providers of supportive services or contracted services;

 

(iv) copies of all current agreements with consultants employed by the center, documentation of each consultant's visits, and written, dated reports; and

 

(v) a personnel record for each employee, which must include an application for employment, references, employment history for the preceding five years, and copies of all performance evaluations;

 

(3) develop and maintain a current job description for each employee;

 

(4) provide necessary qualified personnel and ancillary services to ensure the health, safety, and proper care for each child; and

 

(5) develop and implement infection control policies that comply with rules adopted by the commissioner regarding infection control.

 

(b) In order to serve as an administrator of a PPEC center, an individual must have at least two years of experience in the past five years caring for or managing the care of medically complex or technologically dependent children."


Journal of the House - 87th Day - Thursday, April 26, 2018 - Top of Page 9272

Page 65, line 8, delete everything after the period

 

Page 65, delete lines 9 to 12

 

Page 65, line 13, delete "subdivision 5."

 

Page 141, delete section 8

 

Page 149, delete section 16

 

Page 155, delete lines 11 to 17

 

Page 174, after line 12, insert:

 

"EFFECTIVE DATE.  This section is effective January 1, 2019."

 

Page 177, delete section 31

 

Page 178, delete section 34 and insert:

 

"Sec. 33 DIRECTION TO COMMISSIONER; DISABILITY WAIVER RATE SYSTEM.

 

Between July 1, 2018, and December 31, 2018, the commissioner of human services shall continue to reimburse the Centers for Medicare and Medicaid Services for the disallowed federal share of the rate increases described in Laws 2014, chapter 312, article 27, section 76, subdivisions 2 to 5.

 

EFFECTIVE DATE.  This section is effective July 1, 2018."

 

Page 210, after line 16, insert:

 

"(c) A person who uses restraints on a vulnerable adult does not violate this subdivision if (1) the person complies with applicable requirements in state and federal law regarding the use of restraints; and (2) any force applied in imposing restraints is reasonable.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to crimes committed on or after that date."

 

Page 310, line 30, delete "19,865,000" and insert "28,476,000"

 

Page 311, line 1, delete "5,779,000" and insert "5,772,000"

 

Page 312, line 18, delete "$6,136,000" and insert "$6,135,000"

 

Page 312, line 19, delete "$6,145,000" and insert "$6,144,000"

 

Page 312, line 34, after the period, insert "This is a onetime appropriation."

 

Page 313, line 3, after the period, insert "This is a onetime appropriation."

 

Page 313, line 7, after the period, insert "This is a onetime appropriation."

 

Page 314, line 9, delete "4,571,000" and insert "4,032,000"


Journal of the House - 87th Day - Thursday, April 26, 2018 - Top of Page 9273

Page 314, line 11, delete "$4,127,000" and insert "$4,000,000"

 

Page 314, line 12, delete "$4,012,000" and insert "$3,885,000"

 

Page 314, line 14, delete "8,495,000" and insert "25,392,000"

 

Page 316, delete subdivision 11

 

Page 318, line 9, after the period, insert "Of this amount, $112,000 is for administration."

 

Page 318, line 19, delete "$30,000" and insert "$992,000" and delete "$30,000" and insert "$986,000"

 

Page 318, line 27, after the period, insert "Of this amount, $113,000 is for administration."

 

Page 319, line 15, after the period, insert "This is a onetime appropriation."

 

Page 320, line 14, delete "appropriation, the" and insert "amount, $112,000 is for administration."

 

Page 320, delete line 15

 

Page 320, line 16, delete "administer the program."

 

Page 320, line 32, after the period, insert "Of this amount, $104,000 is for administration."

 

Page 321, line 19, delete "$4,677,000" and insert "$4,669,000"

 

Page 321, line 20, delete "$6,082,000" and insert "$6,068,000"

 

Page 322, line 10, delete "216,000" and insert "224,000"

 

Page 322, line 16, delete "5,000" and insert "13,000"

 

Page 322, delete line 17 and insert:

 

"Base Adjustments.  The state government special revenue fund base is increased $5,000 in fiscal year 2020 and $5,000 in fiscal year 2021."

 

Page 331, line 8, delete "and"

 

Page 331, line 10, delete the period and insert "; and"

 

Page 331, after line 10, insert:

 

"(4) $8,800,000 from the systems operations account in the special revenue fund to the general fund."


Journal of the House - 87th Day - Thursday, April 26, 2018 - Top of Page 9274

Page 331, after line 15, insert:

 

"ARTICLE 12

TRANSPORTATION APPROPRIATIONS

 

Section 1.  APPROPRIATIONS. 

 

The sums shown in the column under "Appropriations" are added to the appropriations in Laws 2017, First Special Session chapter 3, article 1, to the agencies and for the purposes specified in this article.  The appropriations are from the general fund, or another named fund, and are available for the fiscal years indicated for each purpose.  Amounts for "Total Appropriation" and sums shown in the corresponding columns marked "Appropriations by Fund" are summary only and do not have legal effect.  The figures "2018" and "2019" used in this article mean that the addition to the appropriation listed under them is available for the fiscal year ending June 30, 2018, or June 30, 2019, respectively.

 

 

 

 

APPROPRIATIONS

 

 

 

Available for the Year

 

 

 

Ending June 30

 

 

 

2018

2019

 

Sec. 2.  DEPARTMENT OF TRANSPORTATION

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

$-0-

 

$135,539,000

 

Appropriations by Fund

 

 

2018

2019

 

General

-0-

22,230,000

Special Revenue

-0-

1,550,000

C.S.A.H. 

-0-

24,945,000

M.S.A.S. 

-0-

6,552,000

Trunk Highway

-0-

80,750,000

 

The appropriations in this section are to the commissioner of transportation.  The amounts that may be spent for each purpose are specified in the following subdivisions.

 

Subd. 2.  Aeronautics

 

-0-

 

3,000,000

 

Appropriations by Fund

 

 

2018

2019

 

General

-0-

2,000,000

Airports

-0-

1,000,000

 

This appropriation is for a grant to the city of Rochester to acquire and install a CAT II approach system at the Rochester International Airport.  This appropriation is available when the commissioner of management and budget determines that sufficient resources have


Journal of the House - 87th Day - Thursday, April 26, 2018 - Top of Page 9275

been committed to complete the project, as required by Minnesota Statutes, section 16A.502, and is available until the project is completed or abandoned, subject to Minnesota Statutes, section 16A.642.  This is a onetime appropriation.

 

Subd. 3.  Freight Rail

 

 

 

 

 

(a) Freight Rail Economic Development (FRED)

 

-0-

 

5,000,000

 

This appropriation is for the freight rail economic development program under Minnesota Statutes, section 222.505.

 

The base is $2,000,000 in each of fiscal years 2020 and 2021.

 

(b) Rice Creek Railroad Bridge

 

-0-

 

1,550,000

 

This appropriation is from the freight rail account in the special revenue fund under the freight rail economic development program in Minnesota Statutes, section 222.505, for the grant under section 11.  This appropriation is available when the commissioner of management and budget determines that sufficient resources have been committed to complete the project, as required by Minnesota Statutes, section 16A.502, and is available until the project is completed or abandoned subject to Minnesota Statutes, section 16A.642.  This is a onetime appropriation.

 

Subd. 4.  State Roads

 

 

 

 

 

Unless otherwise specified, the appropriations in this subdivision are from the trunk highway fund.

 

(a) Operations and Maintenance

 

-0-

 

11,095,000

 

This is a onetime appropriation.

 

(b) Program Planning and Delivery

 

 

 

 

 

(1) Planning and Research

 

-0-

 

2,094,000

 

If a balance remains of this appropriation, the commissioner may transfer up to that amount for program delivery under clause (2).

 

$500,000 in the second year is to conduct a study on the feasibility of an interchange at marked Interstate Highway 35 and County Road 9 in Rice County.  At a minimum, the study must include estimated construction costs, traffic modeling, an environmental analysis, and a potential design layout for an interchange.


Journal of the House - 87th Day - Thursday, April 26, 2018 - Top of Page 9276

$500,000 in the second year is to conduct a study on the feasibility of expanding or reconstructing marked Interstate Highway 94 from the city of St. Michael to the city of St. Cloud.  At a minimum, the study must include traffic modeling and an environmental analysis.

 

This is a onetime appropriation.

 

(2) Program Delivery

 

-0-

 

13,317,000

 

Appropriations by Fund

 

 

2018

2019

 

General

-0-

6,230,000

Trunk Highway

-0-

7,087,000

 

This appropriation includes use of consultants to support development and management of projects.  This is a onetime appropriation.

 

$5,400,000 in the second year is from the general fund for a grant to the city of Virginia to repay loans incurred by the city for costs related to utility relocation for the U.S. Highway 53 project.  This is a onetime appropriation.

 

$830,000 in the second year is from the general fund for a grant to the city of Mankato for a project to increase the height of a levee and related construction on a segment of marked Trunk Highway 169 north of the Highway 14 interchange to accommodate the raising of a levee.  This appropriation is for the local share the city of Mankato would be responsible for under the state's Cost Participation and Maintenance with Local Units of Government Manual, or any contract between the state and the city of Mankato.  This is a onetime appropriation and is available when the commissioner of management and budget determines that sufficient resources have been committed to complete the project, as required by Minnesota Statutes, section 16A.502.

 

(c) State Road Construction

 

-0-

 

48,155,000

 

This appropriation is for the actual construction, reconstruction, and improvement of trunk highways, including design-build contracts, internal department costs associated with delivering the construction program, consultant use to support the activities, and the cost of actual payments to landowners for lands acquired for highway rights-of-way, payment to lessees, interest subsidies, and relocation expenses.  This is a onetime appropriation.

 

For any trunk highway reconstruction or resurfacing project in 2020 or 2021 that includes establishment of one or more temporary lanes of travel, the commissioner must establish additional


Journal of the House - 87th Day - Thursday, April 26, 2018 - Top of Page 9277

permanent general purpose lanes for that segment if (1) the project is on an Interstate Highway; (2) the total project cost estimate is at least $30,000,000; and (3) the annual average daily traffic is at least 40,000 at any point within the project limits.

 

(d) Corridors of Commerce

 

-0-

 

10,000,000

 

This appropriation is for the corridors of commerce program under Minnesota Statutes, section 161.088.  This is a onetime appropriation.

 

(e) Highway Debt Service

 

-0-

 

2,319,000

 

$2,319,000 in fiscal year 2019 is for transfer to the state bond fund.  If this appropriation is insufficient to make all transfers required in the year for which it is made, the commissioner of management and budget must transfer the deficiency amount under the statutory open appropriation and notify the chairs, ranking minority members, and staff of the legislative committees with jurisdiction over transportation finance and the chairs of the senate Finance Committee and the house of representatives Ways and Means Committee of the amount of the deficiency.  Any excess appropriation cancels to the trunk highway fund.

 

Subd. 5.  Local Roads

 

 

 

 

 

(a) County State-Aid Roads

 

-0-

 

24,945,000

 

This appropriation is from the county state-aid highway fund under Minnesota Statutes, sections 161.081 and 297A.815, subdivision 3, and Minnesota Statutes, chapter 162, and is available until June 30, 2027.  This is a onetime appropriation.

 

(b) Municipal State-Aid Roads

 

-0-

 

6,552,000

 

This appropriation is from the municipal state-aid street fund under Minnesota Statutes, chapter 162, and is available until June 30, 2027.  This is a onetime appropriation.

 

(c) Small Cities Assistance

 

-0-

 

7,000,000

 

This appropriation is for the small cities assistance program under Minnesota Statutes, section 162.145.

 

The base is $8,081,000 in fiscal year 2020 and $8,082,000 in fiscal year 2021.

 

If a constitutional amendment that dedicates revenue from the state general sales tax attributable to motor vehicle repair and replacement parts is ratified in 2018, the base is $549,000 in fiscal year 2021 and $0 in fiscal years 2022 and thereafter.


Journal of the House - 87th Day - Thursday, April 26, 2018 - Top of Page 9278

(d) Town Roads

 

-0-

 

2,000,000

 

This appropriation is for town roads, to be distributed in the manner provided under Minnesota Statutes, section 162.081.  This is a onetime appropriation.

 

Subd. 6.  Tribal Training Program

 

 

 

 

 

The commissioner must implement interagency billing to state agencies for costs related to that agency's participation in tribal training activities provided by the Department of Transportation.

 

Sec. 3.  METROPOLITAN COUNCIL

 

$-0-

 

$3,500,000

 

This appropriation is for financial assistance to replacement service providers under Minnesota Statutes, section 473.388, for the purposes of the suburb-to-suburb transit project authorized under Laws 2015, chapter 75, article 1, section 4.  Of the amount in the second year, $2,500,000 is for capital improvements, including bus replacement, associated with the project.  The replacement service providers must collectively identify and notify the Metropolitan Council of the capital expenditures under this rider, and the Metropolitan Council must allocate funds as directed by the replacement service providers.  The council is prohibited from retaining any portion of the funds under this appropriation.  This is a onetime appropriation.

 

Notwithstanding Laws 2017, First Special Session chapter 3, article 1, section 3, the base is $90,747,000 in fiscal year 2020 and $90,730,000 in fiscal year 2021.

 

Sec. 4.  DEPARTMENT OF MANAGEMENT AND BUDGET

$9,000,000

 

$-0-

 

This appropriation is for reimbursement grants to deputy registrars under Minnesota Statutes, section 168.335, provided that the time period under Minnesota Statutes, section 168.335, subdivision 3, paragraph (a), clause (1), is August 1, 2017, through January 31, 2018.

 

$6,265,000 in the first year is from the driver services operating account and $2,735,000 in the first year is from the vehicle services operating account.

 

For the appropriation in the first year, the commissioner of management and budget must make efforts to reimburse deputy registrars within 30 days of the effective date of this section.

 

The base from the general fund is $9,000,000 in each of fiscal years 2020 and 2021.  The base from the driver services operating account is $0 in each of fiscal years 2020 and 2021.  The base from the vehicle services operating account is $0 in each of fiscal years 2020 and 2021.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.


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Sec. 5.  Laws 2017, First Special Session chapter 3, article 1, section 2, subdivision 2, is amended to read:

 

Subd. 2.  Multimodal Systems

 

 

 

 

 

(a) Aeronautics

 

(1) Airport Development and Assistance

 

26,001,000

 

16,598,000

 

This appropriation is from the state airports fund and must be spent according to Minnesota Statutes, section 360.305, subdivision 4.

 

Notwithstanding Minnesota Statutes, section 16A.28, subdivision 6, this appropriation is available for five years after the year of the appropriation.  If the appropriation for either year is insufficient, the appropriation for the other year is available for it.

 

$6,619,000 in the first year is for a grant to the Duluth Airport Authority for improvements at the Duluth International Airport and the Sky Harbor Airport in accordance with Minnesota Statutes, section 360.017.  For the purposes of this appropriation, the commissioner may waive the requirements of Minnesota Statutes, section 360.305, subdivision 4, paragraph (b).  This appropriation may be used to reimburse the Authority for costs incurred after March 1, 2015.  This is a onetime appropriation.

 

$2,334,000 in the first year is for a grant to the city of Rochester for improvements to the passenger terminal building at the Rochester International Airport in accordance with Minnesota Statutes, section 360.017.  For the purposes of this appropriation, the commissioner of transportation may waive the requirements of Minnesota Statutes, section 360.305, subdivision 4, paragraph (b).  This appropriation may be used to reimburse the city for costs incurred after May 1, 2016.  This is a onetime appropriation.

 

Notwithstanding Minnesota Statutes, section 360.017, $250,000 in the first year is for a grant to the city of St. Cloud for an air transport optimization planning study for the St. Cloud Regional Airport.  The study must be comprehensive and market-based, using economic development and air service expertise to research, analyze, and develop models and strategies that maximize the return on investments made to enhance the use and impact of the St. Cloud Regional Airport.  By January 5, 2018, the city of St. Cloud shall submit a report to the governor and the members and staff of the legislative committees with jurisdiction over capital investment, transportation, and economic development with recommendations based on the findings of the study.  This is a onetime appropriation.

 

If the commissioner of transportation determines that a balance remains in the state airports fund following the appropriations made in this article and that the appropriations made are


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insufficient for advancing airport development and assistance projects, an amount necessary to advance the projects, not to exceed the balance in the state airports fund, is appropriated in each year to the commissioner and must be spent according to Minnesota Statutes, section 360.305, subdivision 4.  Within two weeks of a determination under this contingent appropriation, the commissioner of transportation must notify the commissioner of management and budget and the chairs, ranking minority members, and staff of the legislative committees with jurisdiction over transportation finance concerning the funds appropriated.  Funds appropriated under this contingent appropriation do not adjust the base for fiscal years 2020 and 2021.

 

The base is $15,298,000 in each of fiscal years 2020 and 2021.

 

(2) Aviation Support and Services

 

6,710,000

 

6,854,000

 

Appropriations by Fund

 

 

2018

2019

 

Airports

5,231,000

5,231,000

Trunk Highway

1,479,000

1,623,000

 

(3) Civil Air Patrol

 

3,580,000

 

80,000

 

This appropriation is from the state airports fund for the Civil Air Patrol.

 

$3,500,000 in the first year is for a grant to:  (1) perform site selection and analysis; (2) purchase, renovate a portion of and, or construct an addition to the training and maintenance facility located at the South St. Paul airport, facilities; and to (3) furnish and equip the facility facilities, including communications equipment.  If the Civil Air Patrol purchases an existing facility, predesign requirements are waived.  The facilities must be located at an airport in Minnesota.  Notwithstanding the matching requirements in Minnesota Statutes, section 360.305, subdivision 4, a nonstate contribution is not required for this appropriation.  Notwithstanding Minnesota Statutes, section 16A.28, subdivision 6, this appropriation is available for five six years after the year of the appropriation.  This is a onetime appropriation.

 

(b) Transit

 

1,416,000

 

18,268,000

 

Appropriations by Fund

 

 

2018

2019

 

General

570,000

17,395,000

Trunk Highway

846,000

873,000


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$150,000 in each year is from the general fund for grants to transportation management organizations that provide services exclusively or primarily in the city located along the marked Interstate Highway 494 corridor having the highest population as of the effective date of this section.  The commissioner must not retain any portion of the funds appropriated under this section.  From the appropriation in each fiscal year, the commissioner must make grant payments in full by July 31.  Permissible uses of funds under this grant include administrative expenses and programming and service expansion, including but not limited to staffing, communications, outreach and education program development, and operations management.  This is a onetime appropriation.

 

The base from the general fund is $17,245,000 in each year for fiscal years 2020 and 2021.

 

(c) Safe Routes to School

 

500,000

 

500,000

 

This appropriation is from the general fund for the safe routes to school program under Minnesota Statutes, section 174.40.

 

(d) Passenger Rail

 

500,000

 

500,000

 

This appropriation is from the general fund for passenger rail system planning, alternatives analysis, environmental analysis, design, and preliminary engineering under Minnesota Statutes, sections 174.632 to 174.636.

 

(e) Freight

 

Freight and Commercial Vehicle Operations

 

8,506,000

 

6,578,000

 

Appropriations by Fund

 

 

2018

2019

 

General

3,156,000

1,056,000

Trunk Highway

5,350,000

5,522,000

 

$1,100,000 in the first year is from the general fund for port development assistance grants under Minnesota Statutes, chapter 457A, to the city of Red Wing and to the Port Authority of Winona.  Any improvements made with the proceeds of the grants must be publicly owned.  This is a onetime appropriation and is available in the second year.

 

$800,000 in each year is from the general fund for additional rail safety and rail service activities.


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$1,000,000 in the first year is from the general fund for a grant to the city of Grand Rapids to fund rail planning studies, design, and preliminary engineering relating to the construction of a freight rail line located in the counties of Itasca, St. Louis, and Lake to serve local producers and shippers.  The city of Grand Rapids shall collaborate with the Itasca Economic Development Corporation and the Itasca County Regional Railroad Authority in the activities funded with the proceeds of this grant.  This is a onetime appropriation and is available until June 30, 2019.

 

Sec. 6.  Laws 2017, First Special Session chapter 3, article 1, section 4, subdivision 1, is amended to read:

 

Subdivision 1.  Total Appropriation

 

$199,838,000

 

$199,407,000 198,041,000

 

Appropriations by Fund

 

 

2018

2019

 

General

19,971,000

14,381,000

Special Revenue

63,945,000

65,087,000

H.U.T.D. 

10,474,000

10,486,000 9,120,000

Trunk Highway

105,448,000

109,453,000

 

The appropriations in this section are to the commissioner of public safety.  The amounts that may be spent for each purpose are specified in the following subdivisions.

 

Sec. 7.  Laws 2017, First Special Session chapter 3, article 1, section 4, subdivision 2, is amended to read:

 

Subd. 2.  Administration and Related Services

 

 

 

 

 

(a) Office of Communications

 

553,000

 

573,000

 

Appropriations by Fund

 

 

2018

2019

 

General

127,000

130,000

Trunk Highway

426,000

443,000

 

(b) Public Safety Support

 

6,372,000

 

6,569,000 5,203,000

 

Appropriations by Fund

 

 

 

2018

2019

 

 

General

1,225,000

1,235,000

 

H.U.T.D. 

1,366,000

1,366,000

-0-

 

Trunk Highway

3,781,000

3,968,000

 


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(c) Public Safety Officer Survivor Benefits

 

640,000

 

640,000

 

This appropriation is from the general fund for payment of public safety officer survivor benefits under Minnesota Statutes, section 299A.44.

 

If the appropriation for either year is insufficient, the appropriation for the other year is available for it.

 

(d) Public Safety Officer Reimbursements

 

1,367,000

 

1,367,000

 

This appropriation is from the general fund to be deposited in the public safety officer's benefit account.  This money is available for reimbursements under Minnesota Statutes, section 299A.465.

 

(e) Soft Body Armor Reimbursements

 

700,000

 

700,000

 

Appropriations by Fund

 

 

2018

2019

 

 

 

General

600,000

600,000

Trunk Highway

100,000

100,000

 

This appropriation is for soft body armor reimbursements under Minnesota Statutes, section 299A.38.

 

(f) Technology and Support Service

 

3,777,000

 

3,814,000

 

Appropriations by Fund

 

 

2018

2019

 

General

1,353,000

1,365,000

H.U.T.D. 

19,000

19,000

Trunk Highway

2,405,000

2,430,000

 

Sec. 8.  HIGHWAY USER TAX DISTRIBUTION FUND TRANSFER.

 

$75,270,000 in fiscal year 2019 is transferred from the general fund to the commissioner of transportation for deposit in the highway user tax distribution fund.

 

Sec. 9.  RAIL SERVICE IMPROVEMENT ACCOUNT TRANSFER.

 

On June 30, 2018, the commissioner of transportation must transfer the entire balance in the rail service improvement account to the freight rail account in the special revenue fund.  Any encumbrance from the rail service improvement account made before the transfer remains in effect from the freight rail account following the transfer.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.


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Sec. 10.  DRIVER AND VEHICLE SERVICES FUND.

 

(a) On July 1, 2018, the commissioner of public safety must transfer the entire account balances as follows:  (1) from the driver services operating account in the special revenue fund to the driver services operating account in the driver and vehicle services fund; (2) from the vehicle services operating account in the special revenue fund to the vehicle services operating account in the driver and vehicle services fund; and (3) from the driver and vehicle services technology account in the special revenue fund to the driver and vehicle services technology account in the driver and vehicle services fund.

 

(b) Any encumbrance from an account identified in paragraph (a) made before the transfer remains in effect from the corresponding account following the transfer.

 

(c) The appropriations in fiscal year 2019 from the driver services operating account and from the vehicle services operating account under Laws 2017, First Special Session chapter 3, article 1, section 4, are available from the corresponding account in the driver and vehicle services fund under Minnesota Statutes, sections 299A.704 and 299A.705, for the purposes specified under Laws 2017, First Special Session chapter 3, article 1, section 4.

 

Sec. 11.  RICE CREEK RAILROAD BRIDGE.

 

(a) From funds specifically made available for purposes of this section, the commissioner of transportation must provide a grant to Minnesota Commercial Railway Company to demolish the existing railroad bridge over Rice Creek in New Brighton and to predesign, design, acquire any needed right-of-way, engineer, construct, and equip a replacement railroad bridge to meet the needs of the railroad operators that use the bridge.

 

(b) The grant under this section is contingent on:

 

(1) review and approval of the railway company's design, engineering, and plans for the project by Ramsey County to ensure the project does not interfere with recreational use of adjacent park property and Rice Creek, and by the Rice Creek Watershed District to ensure that the project's impact on flows in the creek complies with the watershed district's adopted rules.  These reviews and approvals are in addition to any other reviews, permits, or approvals required for the project;

 

(2) Minnesota Commercial Railway Company removing all structures related to the existing bridge, including any pilings, footings, or water control structures placed to protect the existing bridge structures, from the Rice Creek streambed as part of the demolition and removal of the existing bridge, except to the extent prohibited by a permitting authority, including but not limited to the Department of Natural Resources and the United States Army Corps of Engineers.  The replacement bridge and structures are the property of the owner of the railroad right-of-way and railroad operator, as may be arranged between them; and

 

(3) Minnesota Commercial Railway Company entering into an agreement with Ramsey County that:  (i) grants the company access to both construct and perform ongoing maintenance on the bridge; and (ii) provides for repair of the county trail damaged by railway maintenance work that occurred on the two years before the effective date of this section, as well as immediately after construction and any subsequent maintenance activities.

 

(c) By entering into a grant agreement with the commissioner of transportation, Minnesota Commercial Railway Company agrees to cooperate with the city of New Brighton and Ramsey County to develop crossings and trails in or near to the railway right-of-way in the city.


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Sec. 12.  EFFECT OF DUPLICATE APPROPRIATIONS.

 

If an appropriation in this act is enacted more than once in the 2018 legislative session for the same purpose, the appropriation must be given effect only once.

 

ARTICLE 13

TRANSPORTATION BONDS

 

Section 1.  BOND APPROPRIATIONS.

 

The sums shown in the column under "Appropriations" are appropriated from the bond proceeds account in the trunk highway fund to the state agencies or officials indicated, to be spent for public purposes.  Appropriations of bond proceeds must be spent as authorized by the Minnesota Constitution, articles XI and XIV.  Unless otherwise specified, money appropriated in this article for a capital program or project may be used to pay state agency staff costs that are attributed directly to the capital program or project in accordance with accounting policies adopted by the commissioner of management and budget.

 

SUMMARY

 

Department of Transportation

 

$250,000,000

Department of Management and Budget

 

250,000

 

TOTAL

 

$250,250,000

 

 

 

 

 

 

APPROPRIATIONS

 

Sec. 2.  DEPARTMENT OF TRANSPORTATION

 

 

 

 

 

Subdivision 1.  Corridors of Commerce

 

 

 

$145,000,000

 

This appropriation is to the commissioner of transportation for the corridors of commerce program under Minnesota Statutes, section 161.088.

 

The commissioner may use up to 17 percent of the amount for program delivery.

 

Subd. 2.  Trunk Highway-Rail Grade Separations

 

 

 

$75,000,000

 

This appropriation is to the commissioner of transportation for trunk highway-rail grade separation projects (1) identified as priority grade separation recommendations in the final report on highway-rail grade crossing improvements submitted under Laws 2014, chapter 312, article 10, section 10; and (2) for which trunk highway bond proceeds are a permissible use.  The commissioner must first prioritize grade separation projects that eliminate a skewed intersection of two trunk highways.

 

If any proceeds under this subdivision remain following a determination by the commissioner that sufficient resources have been committed to complete all eligible projects, the remaining amount is available for the corridors of commerce program under Minnesota Statutes, section 161.088.


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Subd. 3.  Transportation Facilities Capital

 

 

 

$30,000,000

 

This appropriation is to the commissioner of transportation for the transportation facilities capital program under Minnesota Statutes, section 174.13.

 

Sec. 3.  BOND SALE EXPENSES

 

 

 

$250,000

 

This appropriation is to the commissioner of management and budget for bond sale expenses under Minnesota Statutes, sections 16A.641, subdivision 8, and 167.50, subdivision 4.

 

Sec. 4.  BOND SALE AUTHORIZATION. 

 

 

 

 

 

To provide the money appropriated in this article from the bond proceeds account in the trunk highway fund, the commissioner of management and budget shall sell and issue bonds of the state in an amount up to $250,250,000 in the manner, upon the terms, and with the effect prescribed by Minnesota Statutes, sections 167.50 to 167.52, and by the Minnesota Constitution, article XIV, section 11, at the times and in the amounts requested by the commissioner of transportation.  The proceeds of the bonds, except accrued interest and any premium received from the sale of the bonds, must be deposited in the bond proceeds account in the trunk highway fund.

 

ARTICLE 14

TRANSPORTATION POLICY AND FINANCE

 

Section 1.  Minnesota Statutes 2017 Supplement, section 3.972, subdivision 4, is amended to read:

 

Subd. 4.  Certain transit financial activity reporting.  (a) The legislative auditor must perform a transit financial activity review of financial information for the Metropolitan Council's Transportation Division and the joint powers board under section 297A.992.  Within 14 days of the end of each fiscal quarter, two times each year.  The first report, due April 1, must include the quarters ending on September 30 and December 31 of the previous calendar year.  The second report, due October 1, must include the quarters ending on March 31 and June 30 of the current year.  The legislative auditor must submit the review to the Legislative Audit Commission and the chairs and ranking minority members of the legislative committees with jurisdiction over transportation policy and finance, finance, and ways and means.

 

(b) At a minimum, each transit financial activity review must include:

 

(1) a summary of monthly financial statements, including balance sheets and operating statements, that shows income, expenditures, and fund balance;

 

(2) a list of any obligations and agreements entered into related to transit purposes, whether for capital or operating, including but not limited to bonds, notes, grants, and future funding commitments;

 

(3) the amount of funds in clause (2) that has been committed;

 

(4) independent analysis by the fiscal oversight officer of the fiscal viability of revenues and fund balance compared to expenditures, taking into account:

 

(i) all expenditure commitments;

 

(ii) cash flow;


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(iii) sufficiency of estimated funds; and

 

(iv) financial solvency of anticipated transit projects; and

 

(5) a notification concerning whether the requirements under paragraph (c) have been met.

 

(c) The Metropolitan Council and the joint powers board under section 297A.992 must produce monthly financial statements as necessary for the review under paragraph (b), clause (1), and provide timely information as requested by the legislative auditor.

 

(d) This subdivision expires April 15, 2023.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 2.  Minnesota Statutes 2016, section 13.461, is amended by adding a subdivision to read:

 

Subd. 33.  Metropolitan Council special transportation service.  Data sharing between the commissioner of human services and the Metropolitan Council to administer and coordinate transportation services for individuals with disabilities and elderly individuals is governed by section 473.386, subdivision 9.

 

EFFECTIVE DATE.  This section is effective the day following final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.

 

Sec. 3.  Minnesota Statutes 2016, section 13.6905, subdivision 3, is amended to read:

 

Subd. 3.  Motor vehicle registration.  Various data on motor vehicle registrations are classified under sections 168.327, subdivision 3, and 168.346.  Use of vehicle registration data is governed by section 168.345.

 

Sec. 4.  Minnesota Statutes 2016, section 13.72, subdivision 10, is amended to read:

 

Subd. 10.  Transportation service data.  (a) Personal, medical, financial, familial, or locational information data pertaining to applicants for or users of services providing transportation for the disabled individuals with disabilities or elderly individuals are private data on individuals.

 

(b) Private transportation service data may be disclosed between the commissioner of human services and the Metropolitan Council to administer and coordinate human services programs and transportation services for individuals with disabilities and elderly individuals under section 473.386.

 

EFFECTIVE DATE.  This section is effective the day following final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.

 

Sec. 5.  Minnesota Statutes 2017 Supplement, section 160.02, subdivision 1a, is amended to read:

 

Subd. 1a.  Bikeway.  "Bikeway" means a bicycle lane, bicycle path, shared use path, bicycle route, or similar bicycle facility, regardless of whether designed for the exclusive use of bicycles or for shared use with other transportation modes has the meaning given in section 169.011, subdivision 9.


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Sec. 6.  Minnesota Statutes 2016, section 160.295, subdivision 5, is amended to read:

 

Subd. 5.  Rural agricultural business or tourist-oriented business.  (a) A rural agricultural or tourist-oriented business serviced by a specific service sign must be open a minimum of eight hours per day, six days per week, and 12 months per year.  However,

 

(b) A seasonal business may qualify if it is serviced by a specific service sign must be open eight hours per day and six days per week during the normal seasonal period.

 

(c) A farm winery serviced by a specific service sign must:

 

(1) be licensed under section 340A.315;

 

(2) be licensed by the Department of Health under section 157.16 or by the commissioner of agriculture under section 28A.04;

 

(3) provide continuous, staffed food service operation; and

 

(4) be open at least four hours per day and two days per week.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 7.  Minnesota Statutes 2016, section 161.115, subdivision 111, is amended to read:

 

Subd. 111.  Route No. 180.  Beginning at a point on Route No. 392 southwest or west of Ashby 3 at or near Erdahl, thence extending in a general northerly or northeasterly direction to a point on Route No. 153 as herein established at or near Ashby, thence extending in a northeasterly direction to a point on Route No. 181 as herein established at or near Ottertail.

 

Sec. 8.  Minnesota Statutes 2016, section 161.14, is amended by adding a subdivision to read:

 

Subd. 87.  Specialist Noah Pierce Bridge.  The bridge on marked U.S. Highway 53 over marked Trunk Highway 37 in the city of Eveleth is designated as "Specialist Noah Pierce Bridge."  Subject to section 161.139, the commissioner shall adopt a suitable design to mark this bridge and erect appropriate signs.

 

Sec. 9.  Minnesota Statutes 2016, section 161.14, is amended by adding a subdivision to read:

 

Subd. 88.  Officer Bill Mathews Memorial Highway.  That segment of marked U.S. Highway 12 within the city limits of Wayzata is designated as "Officer Bill Mathews Memorial Highway."  Subject to section 161.139, the commissioner shall adopt a suitable design to mark this highway and erect appropriate signs.

 

Sec. 10.  Minnesota Statutes 2016, section 161.14, is amended by adding a subdivision to read:

 

Subd. 89.  Warrant Officer Dennis A. Groth Memorial Bridge.  The bridge on marked U.S. Highway 52 over Dakota County State-Aid Highway 42, known as 145th Street within the city of Rosemount, is designated as "Warrant Officer Dennis A. Groth Memorial Bridge."  Subject to section 161.139, the commissioner shall adopt a suitable design to mark the bridge and erect appropriate signs.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.


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Sec. 11.  Minnesota Statutes 2016, section 161.14, is amended by adding a subdivision to read:

 

Subd. 90.  State Trooper Ray Krueger Memorial Highway.  That segment of marked Trunk Highway 210 within Cass County is designated as "State Trooper Ray Krueger Memorial Highway."  Subject to section 161.139, the commissioner shall adopt a suitable design to mark this highway and erect appropriate signs in the vicinity of the location where Trooper Krueger died.

 

Sec. 12.  Minnesota Statutes 2016, section 161.32, subdivision 2, is amended to read:

 

Subd. 2.  Direct negotiation.  In cases where the estimated cost of construction work or maintenance work does not exceed $150,000 $250,000, the commissioner may enter into a contract for the work by direct negotiation, by obtaining two or more quotations for the work, and without advertising for bids or otherwise complying with the requirements of competitive bidding if the total contractual obligation of the state for the directly negotiated contract or contracts on any single project does not exceed $150,000 $250,000.  All quotations obtained shall be kept on file for a period of at least one year after receipt of the quotation.

 

Sec. 13.  [161.369] INDIAN EMPLOYMENT PREFERENCE.

 

(a) As authorized by United States Code, title 23, section 140(d), the commissioner of transportation may implement an Indian employment preference for members of federally recognized tribes on projects carried out under United States Code, title 23, near an Indian reservation.

 

(b) For purposes of this section, a project is near a reservation if:  (1) the project is within the distance a person seeking employment could reasonably be expected to commute to and from each work day; or (2) the commissioner, in consultation with federally recognized Minnesota tribes, determines a project is near an Indian reservation.

 

Sec. 14.  Minnesota Statutes 2016, section 168.10, subdivision 1h, is amended to read:

 

Subd. 1h.  Collector military vehicle.  (a) A motor vehicle, including a truck, shall be listed and registered under this section if it meets the following conditions:

 

(1) it is at least 20 years old;

 

(2) its first owner following its manufacture was a branch of the armed forces of the United States and it presently conforms to the vehicle specifications required during the time of military ownership, or it has been restored and presently conforms to the specifications required by a branch of the armed forces for the model year that the restored vehicle could have been owned by that branch of the armed forces; and

 

(3) it is owned by a nonprofit organization and operated solely as a collector's vehicle.  For purposes of this subdivision, "nonprofit organization" means a corporation, society, association, foundation, or institution organized and operated exclusively for historical or educational purposes, no part of the net earnings of which inures to the benefit of a private individual.

 

(b) The owner of the vehicle shall execute an affidavit stating the name and address of the person from whom purchased and of the new owner; the make, year, and model number of the motor vehicle; the manufacturer's identification number; and the collector military vehicle identification number, if any, located on the exterior of the vehicle.  The affidavit must affirm that the vehicle is owned by a nonprofit organization and is operated solely as a collector's item and not for general transportation purposes.  If the commissioner is satisfied that the affidavit is true and correct and the owner pays a $25 tax and the plate fee authorized under section 168.12, the commissioner shall list the vehicle for taxation and registration and shall issue number plates.  The number plates shall bear the inscriptions "Collector" and "Minnesota" and the registration number, but no date.  The number plates are valid without renewal as long as the vehicle is in existence in Minnesota.  The commissioner may revoke the plates for failure to comply with this subdivision.


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(c) Notwithstanding section 168.09, 168.12, or other law to the contrary, the owner of a registered collector military vehicle is not required to display registration plates on the exterior of the vehicle if the vehicle has an exterior number identification that conforms to the identifying system for military vehicles in effect when the vehicle was last owned by the branch of the armed forces of the United States or in effect in the year to which the collector military vehicle has been restored.  However, the state registration plates must be carried in or on the collector military vehicle at all times.

 

(d) The owner of a registered collector military vehicle that is not required to display registration plates under paragraph (c) may tow a registered trailer behind it.  The trailer is not required to display registration plates if the trailer:

 

(1) does not exceed a gross weight of 15,000 pounds;

 

(2) otherwise conforms to registration, licensing, and safety laws and specifications;

 

(3) conforms to military specifications for appearance and identification;

 

(4) is intended to represent and does represent a military trailer; and

 

(5) carries registration plates on or in the trailer or the collector military vehicle towing the trailer.

 

(e) This subdivision does not apply to a decommissioned military vehicle that (1) was also manufactured and sold as a comparable civilian vehicle, and (2) has the same size dimensions and vehicle weight as the comparable civilian vehicle.  A decommissioned military vehicle under this paragraph is eligible for a motor vehicle title under chapter 168A and is subject to the same registration, insurance, equipment, and operating requirements as a motor vehicle.

 

Sec. 15.  Minnesota Statutes 2016, section 168.101, subdivision 2a, is amended to read:

 

Subd. 2a.  Failure to send to registrar submit within ten days.  Any person who fails to mail in the application for registration or transfer with appropriate taxes and fees to the commissioner or a deputy registrar of motor vehicles, or otherwise fails to submit said the forms and remittance to the registrar, within ten days following date of sale shall be is guilty of a misdemeanor.

 

EFFECTIVE DATE.  This section is effective July 1, 2019.

 

Sec. 16.  Minnesota Statutes 2016, section 168.127, subdivision 6, is amended to read:

 

Subd. 6.  Fee.  Instead of the filing fee described in section 168.33, subdivision 7, For each vehicle in the fleet, the applicant for fleet registration shall pay:

 

(1) the filing fee in section 168.33, subdivision 7, for transactions processed by a deputy registrar; or

 

(2) an equivalent administrative fee to the for transactions processed by the commissioner for each vehicle in the fleet, which is imposed in lieu of but in the same amount as the filing fee in section 168.33, subdivision 7.

 

EFFECTIVE DATE.  This section is effective July 1, 2019.


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Sec. 17.  Minnesota Statutes 2016, section 168.326, is amended to read:

 

168.326 EXPEDITED DRIVER AND VEHICLE SERVICES; FEE.

 

(a) When an applicant requests and pays an expedited service fee of $20, in addition to other specified and statutorily mandated fees and taxes, the commissioner or, if appropriate, a driver's license agent or deputy registrar, shall expedite the processing of an application for a driver's license, driving instruction permit, Minnesota identification card, or vehicle title transaction.

 

(b) A driver's license agent or deputy registrar may retain $10 of the expedited service fee for each expedited service request processed by the licensing agent or deputy registrar.

 

(c) When expedited service is requested, materials must be mailed or delivered to the requester within three days of receipt of the expedited service fee excluding Saturdays, Sundays, or the holidays listed in section 645.44, subdivision 5.  The requester shall comply with all relevant requirements of the requested document.

 

(d) The commissioner may decline to accept an expedited service request if it is apparent at the time it is made that the request cannot be granted.  The commissioner must not decline an expedited service request and must not prevent a driver's license agent or deputy from accepting an expedited service request solely on the basis of limitations of the driver and vehicle services information technology system.

 

(e) The expedited service fees collected under this section for an application for a driver's license, driving instruction permit, or Minnesota identification card minus any portion retained by a licensing agent or deputy registrar under paragraph (b) must be paid into the driver services operating account in the special revenue fund specified under section 299A.705.

 

(f) The expedited service fees collected under this section for a transaction for a vehicle service minus any portion retained by a licensing agent or deputy registrar under paragraph (b) must be paid into the vehicle services operating account in the special revenue fund specified under section 299A.705.

 

EFFECTIVE DATE.  This section is effective November 1, 2019.

 

Sec. 18.  Minnesota Statutes 2016, section 168.33, is amended by adding a subdivision to read:

 

Subd. 8b.  Transactions by mail.  A deputy registrar may receive motor vehicle applications and submissions under this chapter and chapter 168A by mail, process the transactions, and retain the appropriate filing fee under subdivision 7.

 

EFFECTIVE DATE.  This section is effective July 1, 2019.

 

Sec. 19.  [168.335] DEPUTY REGISTRAR REIMBURSEMENTS.

 

Subdivision 1.  Reimbursement grants.  (a) By August 1 of a fiscal year in which funds are specifically made available for purposes of this section, the commissioner of management and budget must provide reimbursement grants to deputy registrars.

 

(b) The commissioner must use existing resources to administer the reimbursements.

 

Subd. 2.  Eligibility.  A deputy registrar office operated by the state is not eligible to receive funds under this section.


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Subd. 3.  Aid distribution.  (a) The reimbursement grant to each deputy registrar, as identified by the Driver and Vehicle Services-designated office location number, is calculated as follows:

 

(1) 50 percent of available funds allocated proportionally based on (i) the number of transactions where a filing fee under section 168.33, subdivision 7, is retained by each deputy registrar during the preceding fiscal year, compared to (ii) the total number of transactions where a filing fee is retained by all deputy registrars during that time period; and

 

(2) 50 percent of available funds allocated proportionally based on (i) the number of transactions where a filing fee is retained by each deputy registrar from July 1, 2014, through June 30, 2017, compared to (ii) the total number of transactions where a filing fee is retained by all deputy registrars during that time period.

 

(b) For a deputy registrar appointed after July 1, 2014, the commissioner of management and budget must identify whether a corresponding discontinued deputy registrar appointment exists.  If a corresponding discontinued deputy registrar is identified, the commissioner must include the transactions of the discontinued deputy registrar in the calculations under paragraph (a) for the deputy registrar appointed after July 1, 2014.

 

(c) For a deputy registrar appointed after July 1, 2014, for which paragraph (b) does not apply, the commissioner of management and budget must calculate that deputy registrar's proportional share under paragraph (a), clause (2), based on the average number of transactions where a filing fee is retained among the deputy registrars, as calculated excluding any deputy registrars for which this paragraph applies.

 

(d) In the calculations under paragraph (a), the commissioner of management and budget must exclude transactions for (1) a deputy registrar office operated by the state, and (2) a discontinued deputy registrar for which paragraph (b) does not apply.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 20.  Minnesota Statutes 2016, section 168.345, subdivision 2, is amended to read:

 

Subd. 2.  Lessees; information.  The commissioner may not furnish information about registered owners of passenger automobiles who are lessees under a lease for a term of 180 days or more to any person except the personnel of law enforcement agencies and, trade associations performing a member service under section 604.15, subdivision 4a, federal, state, and local governmental units, and, at the commissioner's discretion, to persons who use the information to notify lessees of automobile recalls.  The commissioner may release information about lessees in the form of summary data, as defined in section 13.02, to persons who use the information in conducting statistical analysis and market research.

 

Sec. 21.  Minnesota Statutes 2016, section 168A.02, subdivision 1, is amended to read:

 

Subdivision 1.  Application for certificate of title.  (a) Except as provided in section 168A.03, every owner of a vehicle which is in this state and for which no currently effective certificate of title has been issued in this state shall make application to the department for a certificate of title of the vehicle, pursuant to rules adopted by the department under section 168A.24, subdivision 2, clause 3 (3).

 

(b) A decommissioned military vehicle that (1) was also manufactured and sold as a comparable civilian vehicle, and (2) has the same size dimensions and vehicle weight as the comparable civilian vehicle, is eligible for a certificate of title under this chapter.


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Sec. 22.  Minnesota Statutes 2016, section 168A.151, subdivision 1, is amended to read:

 

Subdivision 1.  Salvage titles.  (a) When an insurer, licensed to conduct business in Minnesota, acquires ownership of a late-model or high-value vehicle through payment of damages, the insurer shall immediately apply for a salvage certificate of title or shall stamp the existing certificate of title with the legend "SALVAGE CERTIFICATE OF TITLE" in a manner prescribed by the department.  Within ten days of obtaining the title of a vehicle through payment of damages, an insurer must notify the department in a manner prescribed by the department.

 

(b) A person shall immediately apply for a salvage certificate of title if the person acquires a damaged late-model or high-value vehicle with an out-of-state title and the vehicle:

 

(1) is a vehicle that was acquired by an insurer through payment of damages;

 

(2) is a vehicle for which the cost of repairs exceeds the value of the damaged vehicle; or

 

(3) has an out-of-state salvage certificate of title as proof of ownership.

 

(c) A self-insured owner of a late-model or high-value vehicle that sustains damage by collision or other occurrence which exceeds 80 percent of its actual cash value shall immediately apply for a salvage certificate of title.

 

Sec. 23.  Minnesota Statutes 2016, section 168A.29, subdivision 1, is amended to read:

 

Subdivision 1.  Amounts.  (a) The department must be paid the following fees:

 

(1) for filing an application for and the issuance of an original certificate of title, the sum of:

 

(i) until December 31, 2016, $6.25 of which $3.25 must be paid into the vehicle services operating account of the special revenue fund under section 299A.705, and from July 1, 2012, to June 30, 2016, a surcharge of $1 must be added to the fee and credited to the driver and vehicle services technology account; and

 

(ii) on and after January 1, 2017, $8.25, of which $4.15 must be paid into the vehicle services operating account under section 299A.705;

 

(2) for each security interest when first noted upon a certificate of title, including the concurrent notation of any assignment thereof and its subsequent release or satisfaction, the sum of $2, except that no fee is due for a security interest filed by a public authority under section 168A.05, subdivision 8;

 

(3) until December 31, 2016, for the transfer of the interest of an owner and the issuance of a new certificate of title, the sum of $5.50 of which $2.50 must be paid into the vehicle services operating account of the special revenue fund under section 299A.705, and from July 1, 2012, to June 30, 2016, a surcharge of $1 must be added to the fee and credited to the driver and vehicle services technology account;

 

(4) (3) for each assignment of a security interest when first noted on a certificate of title, unless noted concurrently with the security interest, the sum of $1; and

 

(5) (4) for issuing a duplicate certificate of title, the sum of $7.25, of which $3.25 must be paid into the vehicle services operating account of the special revenue fund under section 299A.705; from July 1, 2012, to June 30, 2016, a surcharge of $1 must be added to the fee and credited to the driver and vehicle services technology account.


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(b) In addition to the fee required under paragraph (a), clause (1), the department must be paid $3.50.  The additional $3.50 fee collected under this paragraph must be deposited in the special revenue fund and credited to the public safety motor vehicle account established in section 299A.70.

 

EFFECTIVE DATE.  This section is effective July 1, 2018.

 

Sec. 24.  Minnesota Statutes 2016, section 169.011, subdivision 5, is amended to read:

 

Subd. 5.  Bicycle lane.  "Bicycle lane" means a portion of a roadway or shoulder designed for exclusive or preferential use by persons using bicycles.  Bicycle lanes are to be distinguished from the portion of the roadway or shoulder used for motor vehicle traffic by physical barrier, striping, marking, or other similar device.

 

Sec. 25.  Minnesota Statutes 2016, section 169.011, subdivision 9, is amended to read:

 

Subd. 9.  Bikeway.  "Bikeway" means a bicycle lane, bicycle path, or bicycle route, shared use path, or similar bicycle facility, regardless of whether it is designed for the exclusive use of bicycles or is to be for shared use with other transportation modes.

 

Sec. 26.  Minnesota Statutes 2016, section 169.011, subdivision 60, is amended to read:

 

Subd. 60.  Railroad train.  "Railroad train" means a steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails, except streetcars.  Railroad train includes on-track equipment or other rolling stock operated upon rails, whether the on-track equipment or rolling stock is self-propelled or coupled to another device.

 

Sec. 27.  Minnesota Statutes 2016, section 169.18, subdivision 3, is amended to read:

 

Subd. 3.  Passing.  The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to the limitations, exceptions, and special rules hereinafter stated:

 

(1) (a) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall must pass to the left thereof of the other vehicle at a safe distance and shall not again drive is prohibited from returning to the right side of the roadway until safely clear of the overtaken vehicle;.

 

(2) (b) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall must give way to the right in favor of the overtaking vehicle on audible warning, and shall must not increase the speed of the overtaken vehicle until completely passed by the overtaking vehicle; and.

 

(3) (c) The operator of a motor vehicle overtaking a bicycle or individual proceeding in the same direction on the roadway shall leave or shoulder must:

 

(1) either (i) maintain a safe clearance distance while passing, but in no case less than three feet clearance, when passing the bicycle or individual or one-half the width of the motor vehicle, whichever is greater; or (ii) completely enter another lane of the roadway while passing; and shall

 

(2) maintain clearance until the motor vehicle has safely past passed the overtaken bicycle or individual.

 

Sec. 28.  Minnesota Statutes 2016, section 169.222, subdivision 1, is amended to read:

 

Subdivision 1.  Traffic laws apply.  (a) Every person operating a bicycle shall have has all of the rights and duties applicable to the driver of any other vehicle by this chapter, except in respect to those provisions in this chapter relating expressly to bicycles and in respect to those provisions of this chapter which by their nature cannot reasonably be applied to bicycles.  This subdivision applies to a bicycle operating on the shoulder of a roadway.


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(b) A person lawfully operating a bicycle (1) on a sidewalk, or (2) across a roadway or shoulder on a crosswalk, has all the rights and duties applicable to a pedestrian under the same circumstances.

 

Sec. 29.  Minnesota Statutes 2016, section 169.222, subdivision 4, is amended to read:

 

Subd. 4.  Riding rules.  (a) Every person operating a bicycle upon a roadway shall on a road must ride as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations road as the bicycle operator determines is safe.  A person operating a bicycle is not required to ride as close to the right-hand curb when:

 

(1) when overtaking and passing another vehicle proceeding in the same direction;

 

(2) when preparing for a left turn at an intersection or into a private road or driveway;

 

(3) when reasonably necessary to avoid conditions that make it unsafe to continue along the right-hand curb or edge, including fixed or moving objects, vehicles, pedestrians, animals, surface hazards, or narrow width lanes, that make it unsafe to continue along the right-hand curb or edge; or

 

(4) when operating on the shoulder of a roadway or in a bicycle lane; or

 

(5) operating in a right-hand turn lane before entering an intersection.

 

(b) If a bicycle is traveling on a shoulder of a roadway, the bicycle shall operator must travel in the same direction as adjacent vehicular traffic.

 

(c) Persons riding bicycles upon a roadway or shoulder shall not ride more than two abreast and shall not impede the normal and reasonable movement of traffic and, on a laned roadway, shall ride within a single lane.

 

(d) A person operating a bicycle upon a sidewalk, or across a roadway or shoulder on a crosswalk, shall yield the right-of-way to any pedestrian and shall give an audible signal when necessary before overtaking and passing any pedestrian.  No person shall ride a bicycle upon a sidewalk within a business district unless permitted by local authorities.  Local authorities may prohibit the operation of bicycles on any sidewalk or crosswalk under their jurisdiction.

 

(e) An individual operating a bicycle or other vehicle on a bikeway shall leave a safe distance when overtaking a bicycle or individual proceeding in the same direction on the bikeway, and shall maintain clearance until safely past the overtaken bicycle or individual.

 

(f) A person lawfully operating a bicycle on a sidewalk, or across a roadway or shoulder on a crosswalk, shall have all the rights and duties applicable to a pedestrian under the same circumstances.

 

(g) (f) A person may operate an electric-assisted bicycle on the shoulder of a roadway, on a bikeway, or on a bicycle trail if not otherwise prohibited under section 85.015, subdivision 1d; 85.018, subdivision 2, paragraph (d); or 160.263, subdivision 2, paragraph (b), as applicable.

 

(g) Notwithstanding section 169.06, subdivision 4, a bicycle operator may cross an intersection proceeding from a dedicated right-hand turn lane without turning right.


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Sec. 30.  Minnesota Statutes 2016, section 169.26, subdivision 1, is amended to read:

 

Subdivision 1.  Requirements.  (a) Except as provided in section 169.28, subdivision 1, when any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this paragraph, the driver shall stop the vehicle not less than ten feet from the nearest railroad track and shall not proceed until safe to do so and until the roadway is clear of traffic so that the vehicle can proceed without stopping until the rear of the vehicle is at least ten feet past the farthest railroad track.  These requirements apply when:

 

(1) a clearly visible electric or mechanical signal device warns of the immediate approach of a railroad train; or

 

(2) an approaching railroad train is plainly visible and is in hazardous proximity.

 

(b) The fact that a moving railroad train approaching a railroad grade crossing is visible from the crossing is prima facie evidence that it is not safe to proceed.

 

(c) The driver of a vehicle shall stop and remain stopped and not traverse the grade crossing when a human flagger signals the approach or passage of a railroad train or when a crossing gate is lowered warning of the immediate approach or passage of a railroad train.  No person may drive a vehicle past a flagger at a railroad crossing until the flagger signals that the way is clear to proceed or drive a vehicle past a lowered crossing gate.

 

Sec. 31.  Minnesota Statutes 2016, section 169.28, is amended to read:

 

169.28 CERTAIN VEHICLES TO STOP AT RAILROAD CROSSING.

 

Subdivision 1.  Requirements.  (a) The driver of any motor vehicle carrying passengers for hire, or of any school bus whether carrying passengers or not, or of any Head Start bus whether carrying passengers or not, or of any vehicle that is required to stop at railroad grade crossings under Code of Federal Regulations, title 49, section 392.10, before crossing at grade any track or tracks of a railroad, shall stop the vehicle not less than 15 feet nor more than 50 feet from the nearest rail of the railroad and while so stopped shall listen and look in both directions along the track for any approaching railroad train, and for signals indicating the approach of a railroad train, except as hereinafter otherwise provided, and in this section.  The driver shall not proceed until safe to do so and until the roadway is clear of traffic so that the vehicle can proceed without stopping until the rear of the vehicle is at least ten feet past the farthest railroad track.  The driver must not shift gears while crossing the railroad tracks.

 

(b) A school bus or Head Start bus shall not be flagged across railroad grade crossings except at those railroad grade crossings that the local school administrative officer may designate.

 

(c) A type III vehicle, as defined in section 169.011, is exempt from the requirement of school buses to stop at railroad grade crossings.

 

(d) The requirements of this subdivision do not apply to the crossing of light rail vehicle track or tracks that are located in a public street when:

 

(1) the crossing occurs within the intersection of two or more public streets;

 

(2) the intersection is controlled by a traffic-control signal; and

 

(3) the intersection is marked with signs indicating to drivers that the requirements of this subdivision do not apply.  Notwithstanding any other provision of law, the owner or operator of the track or tracks is authorized to place, maintain, and display the signs upon and in the view of the public street or streets.


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Subd. 2.  Exempt crossing.  (a) The commissioner may designate a crossing as an exempt crossing:

 

(1) if the crossing is on a rail line on which service has been abandoned;

 

(2) if the crossing is on a rail line that carries fewer than five trains each year, traveling at speeds of ten miles per hour or less; or

 

(3) as agreed to by the operating railroad and the Department of Transportation, following a diagnostic review of the crossing.

 

(b) The commissioner shall direct the railroad to erect at the crossing signs bearing the word "Exempt" that conform to section 169.06.  The installation or presence of an exempt sign does not relieve a driver of the duty to use due care.

 

(c) A railroad train must not proceed across an exempt crossing unless a police officer is present to direct traffic or a railroad employee is on the ground to warn traffic until the railroad train enters the crossing.

 

(c) (d) A vehicle that must stop at grade crossings under subdivision 1 is not required to stop at a marked exempt crossing unless directed otherwise by a police officer or a railroad employee.

 

Sec. 32.  Minnesota Statutes 2016, section 169.29, is amended to read:

 

169.29 CROSSING RAILROAD TRACKS WITH CERTAIN EQUIPMENT.

 

(a) No person shall operate or move any caterpillar tractor, steam shovel, derrick, roller, or any equipment or structure having a normal operating speed of six or less miles per hour or a vertical body or load clearance of less than nine inches above the level surface of a roadway upon or across any tracks at a railroad grade crossing without first complying with this section.

 

(b) Before making any crossing, the person operating or moving any vehicle or equipment set forth in this section shall first stop the same not less than ten, nor more than 50, feet from the nearest rail of the railway, and while so stopped shall listen and look in both directions along the track for any approaching railroad train and for signals indicating the approach of a railroad train, and shall not proceed until the crossing can be made safely.

 

(c) No crossing shall be made when warning is given by automatic signal or crossing gates or a flagger or otherwise of the immediate approach of a railroad train or car.

 

(d) No stop need be made at a crossing on a rail line on which service has been abandoned and where a sign erected in conformance with section 169.06 and bearing the word "Exempt" has been installed, unless directed otherwise by a flagger.  The installation or presence of an exempt sign shall not relieve any driver of the duty to use due care.

 

Sec. 33.  Minnesota Statutes 2016, section 169.345, subdivision 2, is amended to read:

 

Subd. 2.  Definitions.  (a) For the purpose of section 168.021 and this section, the following terms have the meanings given them in this subdivision.

 

(b) "Health professional" means a licensed physician, licensed physician assistant, advanced practice registered nurse, licensed physical therapist, or licensed chiropractor.


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(c) "Long-term certificate" means a certificate issued for a period greater than 12 months but not greater than 71 months.

 

(d) "Organization certificate" means a certificate issued to an entity other than a natural person for a period of three years.

 

(e) "Permit" refers to a permit that is issued for a period of 30 days, in lieu of the certificate referred to in subdivision 3, while the application is being processed.

 

(f) "Physically disabled person" means a person who:

 

(1) because of disability cannot walk without significant risk of falling;

 

(2) because of disability cannot walk 200 feet without stopping to rest;

 

(3) because of disability cannot walk without the aid of another person, a walker, a cane, crutches, braces, a prosthetic device, or a wheelchair;

 

(4) is restricted by a respiratory disease to such an extent that the person's forced (respiratory) expiratory volume for one second, when measured by spirometry, is less than one liter;

 

(5) has an arterial oxygen tension (PaO 2) of less than 60 mm/Hg on room air at rest;

 

(6) uses portable oxygen;

 

(7) has a cardiac condition to the extent that the person's functional limitations are classified in severity as class III or class IV according to standards set by the American Heart Association;

 

(8) has lost an arm or a leg and does not have or cannot use an artificial limb; or

 

(9) has a disability that would be aggravated by walking 200 feet under normal environmental conditions to an extent that would be life threatening.

 

(g) "Short-term certificate" means a certificate issued for a period greater than six months but not greater than 12 months.

 

(h) "Six-year certificate" means a certificate issued for a period of six years.

 

(i) "Temporary certificate" means a certificate issued for a period not greater than six months.

 

Sec. 34.  Minnesota Statutes 2016, section 169.4503, subdivision 5, is amended to read:

 

Subd. 5.  Colors.  Fenderettes may be black.  The beltline may be painted yellow over black or black over yellow.  The rub rails shall must be black or yellow.  The area around the lenses of alternately flashing signal lamps extending outward from the edge of the lamp three inches, plus or minus one-quarter inch, to the sides and top and at least one inch to the bottom, shall must be black.  Visors or hoods, black in color, with a minimum of four inches may be provided.


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Sec. 35.  Minnesota Statutes 2016, section 169.81, is amended by adding a subdivision to read:

 

Subd. 11.  Automobile transporter.  (a) For purposes of this subdivision, the following terms have the meanings given them:

 

(1) "automobile transporter" means any vehicle combination designed and used to transport assembled highway vehicles, including truck camper units;

 

(2) "stinger-steered combination automobile transporter" means a truck tractor semitrailer having the fifth wheel located on a drop frame located behind and below the rear-most axle of the power unit; and

 

(3) "backhaul" means the return trip of a vehicle transporting cargo or general freight, especially when carrying goods back over all or part of the same route.

 

(b) Stinger-steered combination automobile transporters having a length of 80 feet or less may be operated on interstate highways and other highways designated in this section, and in addition may carry a load that extends the length by four feet or less in the front of the vehicle and six feet or less in the rear of the vehicle.

 

(c) An automobile transporter may transport cargo or general freight on a backhaul, provided it complies with weight limitations for a truck tractor and semitrailer combination under section 169.824.

 

Sec. 36.  Minnesota Statutes 2016, section 169.8261, subdivision 2, is amended to read:

 

Subd. 2.  Conditions.  (a) A vehicle or combination of vehicles described in subdivision 1 must:

 

(1) comply with seasonal load restrictions in effect between the dates set by the commissioner under section 169.87, subdivision 2;

 

(2) comply with bridge load limits posted under section 169.84;

 

(3) be equipped and operated with six or more axles and brakes on all wheels;

 

(4) not exceed 90,000 pounds gross vehicle weight, or 99,000 pounds gross vehicle weight during the time when seasonal increases are authorized under section 169.826;

 

(5) not be operated on interstate highways;

 

(6) obtain an annual permit from the commissioner of transportation;

 

(7) obey all road postings; and

 

(8) not exceed 20,000 pounds gross weight on any single axle.

 

(b) A vehicle operated under this section may exceed the legal axle weight limits listed in section 169.824 by not more than 12.5 percent; except that, the weight limits may be exceeded by not more than 23.75 percent during the time when seasonal increases are authorized under section 169.826, subdivision 1.

 

(c) Notwithstanding paragraph (a), clause (5), a vehicle or combination of vehicles hauling raw or unfinished forest products may also operate on the segment of marked Interstate Highway 35 provided under United States Code, title 23, section 127(q)(2)(D).


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Sec. 37.  Minnesota Statutes 2017 Supplement, section 169.829, subdivision 4, is amended to read:

 

Subd. 4.  Certain emergency vehicles.  (a) The provisions of sections 169.80 to 169.88 governing size, weight, and load do not apply to a fire apparatus, a law enforcement special response vehicle, or a licensed land emergency ambulance service vehicle.

 

(b) Emergency vehicles designed to transport personnel and equipment to support the suppression of fires and to mitigate other hazardous situations are subject to the following weight limitations when operated on an interstate highway:  (1) 24,000 pounds on a single steering axle; (2) 33,500 pounds on a single drive axle; (3) 52,000 pounds on a tandem rear drive steer axle; and (4) 62,000 pounds on a tandem axle.  The gross weight of an emergency vehicle operating on an interstate highway must not exceed 86,000 pounds.

 

Sec. 38.  Minnesota Statutes 2016, section 169.829, is amended by adding a subdivision to read:

 

Subd. 5.  Sewage septic tank trucks.  (a) Sections 169.823 and 169.826 to 169.828 do not apply to a sewage septic tank truck used exclusively to transport sewage from septic or holding tanks.

 

(b) The weight limitations under section 169.824 are increased by ten percent for a single-unit vehicle transporting sewage from the point of service to (1) another point of service, or (2) the point of unloading.

 

(c) Notwithstanding sections 169.824, subdivision 1, paragraph (d); 169.826, subdivision 3; or any other law to the contrary, a permit is not required to operate a vehicle under this subdivision.

 

(d) The seasonal weight increases under section 169.826, subdivision 1, do not apply to a vehicle operated under this subdivision.

 

(e) A vehicle operated under this subdivision is subject to bridge load limits posted under section 169.84.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 39.  Minnesota Statutes 2016, section 169.87, subdivision 6, is amended to read:

 

Subd. 6.  Recycling and garbage vehicles.  (a) Except as provided in paragraph (b) While a vehicle is engaged in the type of collection the vehicle was designed to perform, weight restrictions imposed under subdivisions 1 and 2 do not apply to:

 

(1) a vehicle that does not exceed 20,000 pounds per single axle and is designed and used exclusively for recycling, while engaged in recycling operating in a political subdivision that mandates curbside recycling pickup.;

 

(b) Weight restrictions imposed under subdivisions 1 and 2 do not apply to:  (1) (2) a vehicle that does not exceed 14,000 pounds per single axle and is used exclusively for recycling as described in paragraph (a);

 

(2) (3) a vehicle that does not exceed 14,000 pounds per single axle and is designed and used exclusively for collecting mixed municipal solid waste, as defined in section 115A.03, subdivision 21, while engaged in such collection; or

 

(3) (4) a portable toilet service vehicle that does not exceed 14,000 pounds per single axle or 26,000 pounds gross vehicle weight, and is designed and used exclusively for collecting liquid waste from portable toilets, while engaged in such collection; or

 

(5) a sewage septic tank truck that is designed and used exclusively to haul sewage from septic or holding tanks.


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(c) (b) Notwithstanding section 169.80, subdivision 1, a violation of the owner or operator of a vehicle that violates the weight restrictions imposed under subdivisions 1 and 2 by a vehicle designed and used exclusively for recycling while engaged in recycling in a political subdivision that mandates curbside recycling pickup while engaged in such collection, by a vehicle that is designed and used exclusively for collecting mixed municipal solid waste as defined in section 115A.03, subdivision 21, while engaged in such collection, or by a portable toilet service vehicle that is designed and used exclusively for collecting liquid waste from portable toilets, while engaged in such collection, is not subject to criminal penalties but is subject to a civil penalty for excess weight under section 169.871 if the vehicle (1) meets the requirements under paragraph (a), and (2) is engaged in the type of collection the vehicle was designed to perform.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 40.  Minnesota Statutes 2016, section 169.974, subdivision 2, is amended to read:

 

Subd. 2.  License endorsement and permit requirements.  (a) No person shall operate a motorcycle on any street or highway without having a valid driver's license with a two-wheeled vehicle endorsement as provided by law.  A person may operate an autocycle without a two-wheeled vehicle endorsement, provided the person has a valid driver's license issued under section 171.02.

 

(b) The commissioner of public safety shall issue a two-wheeled vehicle endorsement only if the applicant (1) has in possession a valid two-wheeled vehicle instruction permit as provided in paragraph (c), (2) has passed a written examination and road test administered by the Department of Public Safety for the endorsement, and (3) in the case of applicants under 18 years of age, presents a certificate or other evidence of having successfully completed an approved two-wheeled vehicle driver's safety course in this or another state, in accordance with rules adopted by the commissioner of public safety for courses offered by a public, private, or commercial school or institute.  The commissioner of public safety may waive the road test for any applicant on determining that the applicant possesses a valid license to operate a two-wheeled vehicle issued by a jurisdiction that requires a comparable road test for license issuance.

 

(c) The commissioner of public safety shall issue a two-wheeled vehicle instruction permit to any person over 16 years of age who (1) is in possession of a valid driver's license, (2) is enrolled in an approved two-wheeled vehicle driver's safety course, and (3) has passed a written examination for the permit and paid a fee prescribed by the commissioner of public safety.  A two-wheeled vehicle instruction permit is effective for one year and may be renewed under rules prescribed by the commissioner of public safety.

 

(d) No person who is operating by virtue of a two-wheeled vehicle instruction permit shall:

 

(1) carry any passengers on the streets and highways of this state on the motorcycle while the person is operating the motorcycle;

 

(2) drive the motorcycle at night; or

 

(3) drive the motorcycle on any highway marked as an interstate highway pursuant to title 23 of the United States Code; or

 

(4) (3) drive the motorcycle without wearing protective headgear that complies with standards established by the commissioner of public safety.

 

(e) Notwithstanding paragraphs (a) to (d), the commissioner of public safety may issue a special motorcycle permit, restricted or qualified as the commissioner of public safety deems proper, to any person demonstrating a need for the permit and unable to qualify for a driver's license.


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Sec. 41.  [174.13] TRANSPORTATION FACILITIES CAPITAL PROGRAM.

 

Subdivision 1.  Program established.  (a) A transportation facilities capital program is established to prioritize among eligible projects that:

 

(1) support the programmatic mission of the department;

 

(2) extend the useful life of existing buildings; or

 

(3) renovate or construct facilities to meet the department's current and future operational needs.

 

(b) Projects under the transportation facilities capital program may be funded by proceeds from the sale of trunk highway bonds or from other funds appropriated for the purposes of this section.

 

Subd. 2.  Accounts.  (a) A transportation facilities capital account is established in the trunk highway fund.  The account consists of all money made available from the trunk highway fund for the purposes of this section and any other money donated, allotted, transferred, or otherwise provided to the account by law.  Money in the account is appropriated to the commissioner for the purposes specified and consistent with the standards and criteria set forth in this section.

 

(b) A transportation facilities capital account is established in the bond proceeds account of the trunk highway fund.  The account consists of trunk highway bond proceeds appropriated to the commissioner for the transportation facilities capital program.  Money in the account may only be expended on trunk highway purposes, which includes the purposes in this section.

 

Subd. 3.  Standards.  (a) The legislature finds that many projects for preservation and replacement of portions of existing capital assets constitute the construction, improvement, and maintenance of the public highway system within the meaning of the Minnesota Constitution, article XIV, section 11, and capital expenditures under generally accepted accounting principles as applied to public expenditures.  Projects can be financed more efficiently and economically under the program than by direct appropriations for specific projects.

 

(b) When allocating funding under this section, the commissioner must review the projects deemed eligible under subdivision 4 and prioritize allocations using the criteria in subdivision 5.  Money allocated to a specific project in an appropriation or other law must be allocated as provided by the law.

 

Subd. 4.  Eligible expenditures; limitations.  (a) A project is eligible under this section only if it is a capital expenditure on a capital building asset owned or to be owned by the state within the meaning of generally accepted accounting principles as applied to public expenditures.

 

(b) Capital budget expenditures that are eligible under this section include but are not limited to:  (1) acquisition of land and buildings; and (2) the predesign, engineering, construction, furnishing and equipping of district headquarter buildings, truck stations, salt storage or other unheated storage buildings, deicing and anti-icing facilities, fuel dispensing facilities, highway rest areas, and vehicle weigh and inspection stations.

 

Subd. 5.  Criteria for priorities.  When prioritizing funding allocation among projects eligible under subdivision 4, the commissioner must consider:

 

(1) whether a project ensures the effective and efficient condition and operation of the facility;

 

(2) the urgency in ensuring the safe use of existing buildings;


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(3) the project's total life-cycle cost;

 

(4) additional criteria for priorities otherwise specified in state law, statute, or rule that applies to a category listed in the act making an appropriation for the program; and

 

(5) any other criteria the commissioner deems necessary.

 

Sec. 42.  Minnesota Statutes 2016, section 174.66, is amended to read:

 

174.66 CONTINUATION OF CARRIER RULES.

 

(a) Orders and directives in force, issued, or promulgated under authority of chapters 174A, 216A, 218, 219, 221, and 222 remain and continue in force and effect until repealed, modified, or superseded by duly authorized orders or directives of the commissioner of transportation.  To the extent allowed under federal law or regulation, rules adopted under authority of the following sections are transferred to the commissioner of transportation and continue in force and effect until repealed, modified, or superseded by duly authorized rules of the commissioner:

 

(1) section 218.041 except rules related to the form and manner of filing railroad rates, railroad accounting rules, and safety rules;

 

(2) section 219.40;

 

(3) rules relating to rates or tariffs, or the granting, limiting, or modifying of permits under section 221.031, subdivision 1; and

 

(4) rules relating to rates, charges, and practices under section 221.161, subdivision 4; and

 

(5) rules relating to rates, tariffs, or the granting, limiting, or modifying of permits under section 221.121.

 

(b) The commissioner shall review the transferred rules, orders, and directives and, when appropriate, develop and adopt new rules, orders, or directives.

 

Sec. 43.  Minnesota Statutes 2016, section 221.031, subdivision 2d, is amended to read:

 

Subd. 2d.  Hours of service exemptions; agricultural purposes.  The federal regulations incorporated in section 221.0314, subdivision 9, for maximum driving and on-duty time, hours of service do not apply to drivers engaged in intrastate transportation within a 150-air-mile radius from the source of the commodities, or from the retail or wholesale distribution point of the farm supplies, for:

 

(1) agricultural commodities; or

 

(2) farm supplies for agricultural purposes from March 15 to December 15 of each year; or.

 

(2) sugar beets from September 1 to May 15 of each year.

 

Sec. 44.  Minnesota Statutes 2016, section 221.031, is amended by adding a subdivision to read:

 

Subd. 2f.  Hours of service exemptions; utility construction.  (a) The federal regulations incorporated in section 221.0314, subdivision 9, for hours of service do not apply to drivers engaged in intrastate transportation of utility construction materials within a 50-mile radius from the site of a construction or maintenance project.


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(b) For purposes of this subdivision, utility construction materials includes supplies and materials used in a project to construct or maintain (1) a street or highway; (2) equipment or facilities to furnish electric transmission service; (3) a telecommunications system or cable communications system; (4) a waterworks system, sanitary sewer, or storm sewer; (5) a gas heating service line; (6) a pipeline; and (7) a facility for other similar utility service.

 

Sec. 45.  Minnesota Statutes 2016, section 221.0314, subdivision 9, is amended to read:

 

Subd. 9.  Hours of service of driver.  (a) Code of Federal Regulations, title 49, part 395, is incorporated by reference, except that paragraphs (a), (c), (d), (f), (h), (i), (k), (m), and (n) of section 395.1 of that part are not incorporated.  In addition, cross-references to sections or paragraphs not incorporated in this subdivision are not incorporated by reference.

 

(b) For purposes of Code of Federal Regulations, title 49, part 395.1, paragraph (k), the planting and harvest period for Minnesota is from January 1 through December 31 each year.

 

(c) The requirements of Code of Federal Regulations, title 49, part 395, do not apply to drivers of lightweight vehicles.

 

Sec. 46.  Minnesota Statutes 2016, section 221.036, subdivision 1, is amended to read:

 

Subdivision 1.  Order.  The commissioner may issue an order requiring violations to be corrected and administratively assessing monetary penalties for a violation of (1) section 221.021; (2) section 221.033, subdivision 2b; (3) section 221.171; (4) section 221.141; (5) a federal, state, or local law, regulation, rule, or ordinance pertaining to railroad-highway grade crossings; or (6) rules of the commissioner relating to the transportation of hazardous waste, motor carrier operations, or insurance, or tariffs and accounting.  An order must be issued as provided in this section.

 

Sec. 47.  Minnesota Statutes 2016, section 221.036, subdivision 3, is amended to read:

 

Subd. 3.  Amount of penalty; considerations.  (a) The commissioner may issue an order assessing a penalty of up to $5,000 for all violations identified during a single audit or investigation of (1) section 221.021;, 221.141;, or 221.171, or (2) rules of the commissioner relating to motor carrier operations, or insurance, or tariffs and accounting, identified during a single inspection, audit, or investigation.

 

(b) The commissioner may issue an order assessing a penalty up to a maximum of $10,000 for all violations of section 221.033, subdivision 2b, identified during a single inspection or audit.

 

(c) In determining the amount of a penalty, the commissioner shall consider:

 

(1) the willfulness of the violation;

 

(2) the gravity of the violation, including damage to humans, animals, air, water, land, or other natural resources of the state;

 

(3) the history of past violations, including the similarity of the most recent violation and the violation to be penalized, the time elapsed since the last violation, the number of previous violations, and the response of the person to the most recent violation identified;

 

(4) the economic benefit gained by the person by allowing or committing the violation; and

 

(5) other factors as justice may require, if the commissioner specifically identifies the additional factors in the commissioner's order.


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(d) The commissioner shall assess a penalty in accordance with Code of Federal Regulations, title 49, section 383.53, against:

 

(1) a driver who is convicted of a violation of an out-of-service order;

 

(2) an employer who knowingly allows or requires an employee to operate a commercial motor vehicle in violation of an out-of-service order; or

 

(3) an employer who knowingly allows or requires an employee to operate a commercial motor vehicle in violation of a federal, state, or local law or regulation pertaining to railroad-highway grade crossings.

 

Sec. 48.  Minnesota Statutes 2016, section 221.122, subdivision 1, is amended to read:

 

Subdivision 1.  Registration, insurance, and filing requirements.  (a) An order issued by the commissioner which grants a certificate or permit must contain a service date.

 

(b) The person to whom the order granting the certificate or permit is issued shall do the following within 45 days from the service date of the order:

 

(1) register vehicles which will be used to provide transportation under the permit or certificate with the commissioner and pay the vehicle registration fees required by law; and

 

(2) file and maintain insurance or bond as required by section 221.141 and rules of the commissioner; and.

 

(3) file rates and tariffs as required by section 221.161 and rules of the commissioner.

 

Sec. 49.  Minnesota Statutes 2016, section 221.161, subdivision 1, is amended to read:

 

Subdivision 1.  Filing; hearing upon commissioner initiative Tariff maintenance and contents.  A household goods carrier shall file and mover must maintain with the commissioner a tariff showing rates and charges for transporting household goods.  Tariffs must be prepared and filed in accordance with the rules of the commissioner.  When tariffs are filed in accordance with the rules and accepted by the commissioner, the filing constitutes notice to the public and interested parties of the contents of the tariffs.  The commissioner shall not accept for filing tariffs that are unjust, unreasonable, unjustly discriminatory, unduly preferential or prejudicial, or otherwise in violation of this section or rules adopted under this section.  If the tariffs appear to be unjust, unreasonable, unjustly discriminatory, unduly preferential or prejudicial, or otherwise in violation of this section or rules adopted under this section, after notification and investigation by the department, the commissioner may suspend and postpone the effective date of the tariffs and assign the tariffs for hearing upon notice to the household goods carrier filing the proposed tariffs and to other interested parties, including users of the service and competitive carriers by motor vehicle and rail.  At the hearing, the burden of proof is on the household goods carrier filing the proposed tariff to sustain the validity of the proposed schedule of rates and charges.  The tariffs and subsequent supplements to them or reissues of them must state the effective date, which may not be less than ten days following the date of filing, unless the period of time is reduced by special permission of the commissioner.  A household goods mover must prepare a tariff under this section that complies with Code of Federal Regulations, title 49, part 1310.3.

 

Sec. 50.  Minnesota Statutes 2016, section 221.161, is amended by adding a subdivision to read:

 

Subd. 5.  Tariff availability.  (a) A household goods mover subject to this section must maintain all of its effective tariffs at its principal place of business and at each of its terminal locations, and must make the tariffs available to the public for inspection at all times the household goods mover is open for business.  Any publication referred to in a tariff must be maintained with that tariff.


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(b) Upon request, a household goods mover must provide copies of tariffs, specific tariff provisions, or tariff subscriptions to the commissioner or any interested person.

 

Sec. 51.  Minnesota Statutes 2016, section 221.171, subdivision 1, is amended to read:

 

Subdivision 1.  Compensation fixed by schedule on file.  No A household goods carrier shall mover must not charge or receive a greater, lesser, or different compensation for the transportation of persons or property or for related service, provided than the rates and charges named in the carrier's schedule on file and in effect with the commissioner including any rate fixed by the commissioner specified in the tariff under section 221.161; nor shall.  A household goods carrier mover must not refund or remit in any manner or by any device, directly or indirectly, the rates and charges required to be collected by the carrier mover under the carrier's mover's schedules or under the rates, if any, fixed by the commissioner.

 

Sec. 52.  Minnesota Statutes 2016, section 222.46, is amended to read:

 

222.46 FREIGHT RAIL SERVICE IMPROVEMENT ACT; PURPOSE.

 

The legislature finds and determines that integrated transportation systems, including railways, highways and airways, are necessary in order to meet the economic and energy needs of the citizens of the state, both now and in the future.  The legislature finds that a portion of the present railroad system in the state does not provide adequate service to citizens of the state.  The legislature further finds and determines that it is in the best interest of the state to establish and fund a freight rail service improvement economic development program and to establish a railroad planning process in order to preserve and improve essential rail service in the state.

 

EFFECTIVE DATE.  This section is effective June 30, 2018.

 

Sec. 53.  Minnesota Statutes 2016, section 222.50, subdivision 3, is amended to read:

 

Subd. 3.  Commissioner's powers; rules.  The commissioner shall have has the power to:

 

(1) set priorities for the allocation and expenditure of money or in kind contributions authorized under the rail service improvement program and develop criteria for eligibility and approval of projects under the program.  The criteria shall include the anticipated economic and social benefits to the state and to the area being served and the economic viability of the project;

 

(2) negotiate and enter into contracts for rail line rehabilitation or other rail service improvement;

 

(3) (2) disburse state and federal money for rail service improvements; and

 

(4) (3) adopt rules necessary to carry out the purposes of sections 222.46 to 222.54.

 

EFFECTIVE DATE.  This section is effective June 30, 2018.

 

Sec. 54.  Minnesota Statutes 2016, section 222.50, subdivision 4, is amended to read:

 

Subd. 4.  Contract.  The commissioner may negotiate and enter into contracts for the purpose of rail service improvement and may incorporate funds available from the federal government.  The participants in these contracts shall be railroads, rail users, and the department, and may be political subdivisions of the state and the federal government.  In such contracts, participation by all parties shall be voluntary.  The commissioner may provide a portion of the money required to carry out the terms of any such contract by expenditure from the freight rail service improvement account.

 

EFFECTIVE DATE.  This section is effective June 30, 2018.


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Sec. 55.  [222.505] FREIGHT RAIL ECONOMIC DEVELOPMENT PROGRAM.

 

Subdivision 1.  Definition.  (a) For purposes of this section, "program" means the freight rail economic development program established in this section.

 

Subd. 2.  Program established.  (a) The commissioner, in consultation with the commissioner of employment and economic development, must establish a freight rail economic development program as provided under this section.

 

(b) By January 1, 2019, the commissioners must implement the program and begin accepting applications.

 

Subd. 3.  Freight rail accounts; appropriation.  (a) A freight rail account is established in the special revenue fund.  The account consists of funds provided under paragraphs (b) and (c), section 222.63, subdivision 8, and any other money donated, allotted, transferred, or otherwise provided to the account.  The account must not include any bond proceeds authorized by the Minnesota Constitution, article XI, section 5, clause (i).  Funds in the account are annually appropriated to the commissioner for the program under this section.

 

(b) All funds provided to the commissioner from agreements or loans under section 222.50 must be deposited in the freight rail account in the special revenue fund.

 

(c) All funds made available to the commissioner from the disposition of railroad right-of-way or of any other property acquired pursuant to sections 222.46 to 222.62 must be deposited in the freight rail account in the special revenue fund.

 

(d) A freight rail account is established in the bond proceeds fund.  The account consists of state bond proceeds appropriated to the commissioner for the program under this section.  Money in the account may be expended only for bond-eligible purposes.

 

Subd. 4.  Program administration.  (a) The commissioner, in consultation with the commissioner of employment and economic development, must establish a project selection process for financial assistance under the program.  The process must include public notice of available funds, procedures to submit applications, public access to information on project evaluation and selection, and financial assistance awards.  The process must minimize applicant burdens and the length of time for application evaluation.

 

(b) The commissioner must maintain on an ongoing basis a project requests list that identifies all eligible projects that have been evaluated for grant awards under the program.

 

(c) An applicant must apply for financial assistance in the manner and at the times determined by the commissioners.

 

(d) The commissioner must make reasonable efforts to (1) publicize each solicitation for applications among all eligible recipients, and (2) provide technical and informational assistance related to applications.

 

Subd. 5.  Consultation.  In developing the program and on an ongoing basis, the commissioner must consult with eligible recipients of financial assistance under subdivision 8 and with counties and statutory and home rule charter cities in which industrial parks are located or proposed to be located.  At a minimum, consultation must address:

 

(1) the project selection process, including project eligibility requirements, evaluation criteria and prioritization, and any significant policies in the program;


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(2) flexibility of evaluation criteria to address unique situations;

 

(3) timeliness of project evaluation and award of financial assistance;

 

(4) adequacy of the program funding level; and

 

(5) legislative proposals for program funding.

 

Subd. 6.  Financial assistance; grants and loans.  The commissioner may provide financial assistance under the program through grants or through loans in the manner provided under section 222.50, subdivisions 4 and 5.

 

Subd. 7.  Financial assistance; limitations.  (a) When calculated in conjunction with any other state funding sources, a grant award under the program must not provide combined state funding that exceeds 85 percent of the total project cost estimate.

 

(b) The commissioner must ensure that financial assistance is provided in a manner that is balanced throughout the state, including with respect to (1) the number of projects receiving funding in a particular geographic location or region of the state, and (2) the total amount of financial assistance provided for projects in a particular geographic location or region of the state.

 

Subd. 8.  Award recipient eligibility.  (a) Eligible recipients of financial assistance under the program are:

 

(1) railroad companies that are classified by federal law or regulation as Class II railroads, Class II rail carriers, Class III railroads, or Class III rail carriers;

 

(2) rail users; and

 

(3) political subdivisions.

 

(b) An eligible recipient may receive funds regardless of rail facility ownership.

 

Subd. 9.  Project eligibility.  (a) The commissioner, in consultation with the commissioner of employment and economic development, must establish project eligibility criteria under the program.  At a minimum, an eligible project must:

 

(1) improve safety, efficiency, service, or capacity of railroad freight movement;

 

(2) provide for rail line capital maintenance, preservation, rehabilitation, or improvements;

 

(3) improve rail service for a rail user or rail carrier; or

 

(4) promote the development of industrial parks primarily or substantially served by rail service.

 

(b) A project must be consistent with transportation plans adopted by the commissioner, including the statewide freight and passenger rail plan under section 174.03, subdivision 1b.

 

Subd. 10.  Project evaluation and prioritization.  The commissioner, in consultation with the commissioner of employment and economic development, must establish project evaluation criteria for grant awards under the program.  At a minimum, the criteria must objectively prioritize projects based on:


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(1) economic and employment impacts, including but not limited to responsiveness to emergent market conditions;

 

(2) addressing rail lines that have deteriorated or are in danger of deteriorating to such a degree that the rail line is unable to carry the speeds and weights necessary to efficiently transport goods and products; and

 

(3) percentage commitment of funding or in-kind assistance for the project from nonpublic sources.

 

Subd. 11.  Expenditures.  The commissioner may provide financial assistance and expend funds under the program for:

 

(1) capital improvement projects designed to improve a rail user or a rail carrier's rail service which includes but is not limited to rail track, track structures, and rail facilities and buildings;

 

(2) rehabilitation projects designed to improve a rail user or a rail carrier's rail service;

 

(3) rail-related development of industrial parks primarily or substantially served by rail service, which:

 

(i) includes capital improvements to or rehabilitation of main industrial lead track; and

 

(ii) excludes siding track designed to serve areas of an industrial park for which occupants are unidentified or uncommitted;

 

(4) highway-rail grade crossing improvement or grade separation projects, including but not limited to the local matching portion for federal grants;

 

(5) capital improvement projects designed to improve capacity or safety at rail yards;

 

(6) acquisition, maintenance, management, and disposition of railroad right-of-way under the state rail bank program in section 222.63;

 

(7) acquisition of a rail line by a regional railroad authority established under chapter 398A;

 

(8) rail planning studies;

 

(9) costs related to contractual agreements under section 222.52; and

 

(10) financial assistance under this section.

 

Subd. 12.  Design, engineering, and construction standards.  (a) The commissioner is prohibited from establishing specifications or engineering standards that are more restrictive than federal track safety standards under Code of Federal Regulations, title 49, part 213, or successor requirements, for track and track structures awarded financial assistance under the program.

 

(b) Sections 16B.30 to 16B.355 do not apply to rail facilities and buildings awarded financial assistance under the program.

 

Subd. 13.  Political subdivisions.  Any political subdivision may, with the approval of the commissioner, appropriate money for freight rail or rail service improvement and may participate in the freight rail economic development program and federal rail programs.

 

EFFECTIVE DATE.  This section is effective June 30, 2018.


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Sec. 56.  Minnesota Statutes 2016, section 222.52, is amended to read:

 

222.52 COOPERATION BETWEEN STATES.

 

The commissioner may cooperate with other states in connection with the freight rail service improvement economic development program under section 222.505 and the railroad planning process.  In exercising the authority conferred by this section, the commissioner may enter into contractual agreements with other states, including multistate coalitions.

 

EFFECTIVE DATE.  This section is effective June 30, 2018.

 

Sec. 57.  Minnesota Statutes 2016, section 222.57, is amended to read:

 

222.57 RAIL USER AND RAIL CARRIER LOAN GUARANTEE ACCOUNT.

 

There is created a rail user and rail carrier loan guarantee account as a separate account in the rail service improvement account, which shall be used by the commissioner for carrying out the provisions of sections 222.55 to 222.62 with respect to loans insured under section 222.58.  The commissioner may transfer to the rail user and rail carrier loan guarantee account from money otherwise available in the freight rail service improvement account whatever amount is necessary to implement the rail user and rail carrier loan guarantee program, except that bond proceeds may not be transferred to the account for insurance of loans made for the purposes specified in section 222.58, subdivision 2, paragraph (b), clauses (3) to (5).  The commissioner may withdraw any amount from the rail user and rail carrier loan guarantee account that is not required to insure outstanding loans as provided in section 222.60, subdivision 1.

 

EFFECTIVE DATE.  This section is effective June 30, 2018.

 

Sec. 58.  Minnesota Statutes 2016, section 222.63, subdivision 8, is amended to read:

 

Subd. 8.  Rail bank accounts; appropriation.  (a) A special account shall be maintained in the state treasury, designated as the rail bank maintenance account, is established in the special revenue fund to record the receipts and expenditures of the commissioner of transportation for the maintenance of rail bank property.  Funds received by the commissioner of transportation from interest earnings, administrative payments, rentals, fees, or charges for the use of rail bank property, or received from rail line rehabilitation contracts shall be are credited to the rail bank maintenance account and must be used for the maintenance of that to maintain the property and held as a reserve for maintenance expenses in an amount determined by the commissioner, and.  Amounts received in the rail bank maintenance account in excess of the reserve requirements shall must be transferred to the freight rail service improvement account under section 222.505, subdivision 3.

 

(b) All proceeds of the sale of abandoned rail lines shall must be deposited in the freight rail service improvement account.

 

(c) All money to be deposited in this the rail service improvement bank maintenance account as provided in this subdivision is appropriated to the commissioner of transportation for the purposes of this section.  The appropriations shall do not lapse but shall be and are available until the purposes for which the funds are appropriated are accomplished.

 

EFFECTIVE DATE.  This section is effective June 30, 2018.


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Sec. 59.  [299A.704] DRIVER AND VEHICLE SERVICES FUND.

 

A driver and vehicle services fund is established within the state treasury.  The fund consists of accounts and money as specified by law, and any other money otherwise donated, allotted, appropriated, or legislated to the fund.

 

Sec. 60.  Minnesota Statutes 2016, section 299A.705, is amended to read:

 

299A.705 DRIVER AND VEHICLE SERVICES ACCOUNTS.

 

Subdivision 1.  Vehicle services operating account.  (a) The vehicle services operating account is created in the special revenue driver and vehicle services fund, consisting of all money from the vehicle services fees specified in chapters 168, 168A, and 168D, and any other money otherwise donated, allotted, appropriated, or legislated to this the account.

 

(b) Funds appropriated are available from this account must be used by the commissioner of public safety to administer the vehicle services as specified in chapters 168, 168A, and 168D, and section 169.345, including:

 

(1) designing, producing, issuing, and mailing vehicle registrations, plates, emblems, and titles;

 

(2) collecting title and registration taxes and fees;

 

(3) transferring vehicle registration plates and titles;

 

(4) maintaining vehicle records;

 

(5) issuing disability certificates and plates;

 

(6) licensing vehicle dealers;

 

(7) appointing, monitoring, and auditing deputy registrars; and

 

(8) inspecting vehicles when required by law.

 

Subd. 2.  Driver services operating account.  (a) The driver services operating account is created in the special revenue driver and vehicle services fund, consisting of all money collected under chapter 171 and any other money otherwise donated, allotted, appropriated, or legislated to the account.

 

(b) Money in the Funds appropriated from this account must be used by the commissioner of public safety to administer the driver services specified in chapters 169A and 171, including the activities associated with producing and mailing drivers' licenses and identification cards and notices relating to issuance, renewal, or withdrawal of driving and identification card privileges for any fiscal year or years and for the testing and examination of drivers.

 

Subd. 3.  Driver and vehicle services technology account.  (a) The driver and vehicle services technology account is created in the special revenue driver and vehicle services fund, consisting of the technology surcharge collected as specified in chapters 168, 168A, and 171; the filing fee revenue collected under section 168.33, subdivision 7; section 168.33 and any other money otherwise donated, allotted, appropriated, or legislated to this account.

 

(b) Money in the account is annually appropriated to the commissioner of public safety to support the research, development, deployment, and maintenance of a driver and vehicle services information system.


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(c) Following completion of the deposit of filing fee revenue into the driver and vehicle services technology account as provided under section 168.33, subdivision 7, the commissioner shall submit a notification to the chairs and ranking minority members of the legislative committees with jurisdiction over transportation policy and finance concerning driver and vehicle services information system implementation, which must include information on (1) total revenue deposited in the driver and vehicle services technology account, with a breakdown by sources of funds; (2) total project costs incurred, with a breakdown by key project components; and (3) an estimate of ongoing system maintenance costs.

 

Subd. 4.  Prohibited expenditures.  The commissioner is prohibited from expending money from driver and vehicle services accounts created in the special revenue driver and vehicle services fund for any purpose that is not specifically authorized in this section or in the chapters specified in this section.

 

Sec. 61.  Minnesota Statutes 2016, section 360.013, is amended by adding a subdivision to read:

 

Subd. 46a.  Comprehensive plan.  "Comprehensive plan" has the meaning given in section 394.22, subdivision 9, or 462.352, subdivision 5.

 

Sec. 62.  Minnesota Statutes 2016, section 360.017, subdivision 1, is amended to read:

 

Subdivision 1.  Creation; authorized disbursements.  (a) There is hereby created a fund to be known as the state airports fund.  The fund shall consist of all money appropriated to it, or directed to be paid into it, by the legislature.

 

(b) The state airports fund shall be paid out on authorization of the commissioner and shall be used:

 

(1) to acquire, construct, improve, maintain, and operate airports and other air navigation facilities;

 

(2) to assist municipalities in the planning, acquisition, construction, improvement, and maintenance of airports and other air navigation facilities;

 

(3) to assist municipalities to initiate, enhance, and market scheduled air service at their airports;

 

(4) to promote interest and safety in aeronautics through education and information; and

 

(5) to pay the salaries and expenses of the Department of Transportation related to aeronautic planning, administration, and operation.  All allotments of money from the state airports fund for salaries and expenses shall be approved by the commissioner of management and budget.

 

(c) A municipality that adopts a comprehensive plan that the commissioner finds is incompatible with the state aviation plan is not eligible for assistance from the state airports fund.

 

Sec. 63.  Minnesota Statutes 2016, section 360.021, subdivision 1, is amended to read:

 

Subdivision 1.  Authority to establish.  The commissioner is authorized and empowered, on behalf of and in the name of this state, within the limitation of available appropriations, to acquire, by purchase, gift, devise, lease, condemnation proceedings, or otherwise, property, real or personal, for the purpose of establishing and constructing restricted landing areas and other air navigation facilities and to acquire in like manner, own, control, establish, construct, enlarge, improve, maintain, equip, operate, regulate, and police such restricted landing areas and other air navigation facilities, either within or without this state; and to make, prior to any such acquisition, investigations, surveys, and plans.  The commissioner may maintain, equip, operate, regulate, and police airports, either within or without this state.  The operation and maintenance of airports is an essential public service.  The commissioner may


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maintain at such airports facilities for the servicing of aircraft and for the comfort and accommodation of air travelers.  The commissioner may dispose of any such property, airport, restricted landing area, or any other air navigation facility, by sale, lease, or otherwise, in accordance with the laws of this state governing the disposition of other like property of the state.  The commissioner may not acquire or take over any restricted landing area, or other air navigation facility without the consent of the owner.  The commissioner shall not acquire any additional state airports nor establish any additional state-owned airports.  The commissioner may erect, equip, operate, and maintain on any airport buildings and equipment necessary and proper to maintain, and conduct such airport and air navigation facilities connected therewith.  The commissioner shall not expend money for land acquisition, or for the construction, improvement, or maintenance of airports, or for air navigation facilities for an airport, unless the governmental unit municipality, county, or joint airport zoning board involved has or is establishing a zoning authority for that airport, and the authority has made a good-faith showing that it is in the process of and will complete with due diligence, an airport zoning ordinance in accordance with sections 360.061 to 360.074.  The commissioner may provide funds to support airport safety projects that maintain existing infrastructure, regardless of a zoning authority's efforts to complete a zoning regulation.  The commissioner may withhold funding from only the airport subject to the proposed zoning ordinance.  Notwithstanding the foregoing prohibition, the commissioner may continue to maintain the state-owned airport at Pine Creek.

 

Sec. 64.  Minnesota Statutes 2016, section 360.024, is amended to read:

 

360.024 AIR TRANSPORTATION SERVICE CHARGE.

 

Subdivision 1.  Charges.  (a) The commissioner shall charge users of air transportation services provided by the commissioner for direct operating costs, excluding pilot salary and.

 

(b) The commissioner may charge users for a portion of aircraft acquisition, replacement, or leasing costs.

 

Subd. 2.  Accounts; appropriation.  (a) An air transportation services account is established in the state airports fund.  The account consists of money collected under subdivision 1, paragraph (a), and any other money donated, allotted, transferred, or otherwise provided to the account.  All receipts for these services shall be deposited in the air transportation services account in the state airports fund and Funds in the account are annually appropriated to the commissioner to pay these direct air service operating costs.

 

(b) An aircraft capital account is established in the state airports fund.  The account consists of collections under subdivision 1, paragraph (b), proceeds from the sale of aircraft under jurisdiction of the department, and any other money donated, allotted, transferred, or otherwise provided to the account.  Except as provided by law, the commissioner must not transfer funds into or out of the account.

 

Sec. 65.  Minnesota Statutes 2016, section 360.062, is amended to read:

 

360.062 AIRPORT HAZARD PREVENTION; PROTECTING EXISTING NEIGHBORHOOD LAND USES.

 

(a) It is hereby found that an airport hazard endangers the lives and property of users of the airport and of occupants of land in its vicinity, and may reduce the size of the area available for the landing, takeoff, and maneuvering of aircraft, thereby impairing the utility of the airport and the public investment therein.  It is also found that the social and financial costs of disrupting existing land uses around airports in built up urban areas, particularly established residential neighborhoods, often outweigh the benefits of a reduction in airport hazards that might result from the elimination or removal of those uses.

 

(b) Accordingly, it is hereby declared:  (1) that the creation or establishment of an airport hazard is a public nuisance and an injury to the community served by the airport in question; (2) that it is therefor necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of airport hazards


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be prevented and that this should be accomplished to the extent legally possible, by exercise of the police power, without compensation; and (3) that the elimination or removal of existing land uses, particularly established residential neighborhoods in built-up urban areas, or their designation as nonconforming uses is not in the public interest and should be avoided whenever possible consistent with reasonable standards of safety.

 

(c) It is further declared that the prevention of the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are essential public purposes services for which political subdivisions may raise and expend public funds and acquire land or property interests therein.

 

Sec. 66.  Minnesota Statutes 2016, section 360.063, subdivision 1, is amended to read:

 

Subdivision 1.  Enforcement under police power.  (a) In order to prevent the creation or establishment of airport hazards, every municipality having an airport hazard area within its territorial limits may, unless a joint airport zoning board is permitted under subdivision 3, adopt, amend from time to time, administer, and enforce, under the police power and in the manner and upon the conditions hereinafter prescribed, airport zoning regulations for such airport hazard area, which regulations may divide such area into zones, and, within such zones, specify the land uses permitted and regulate and restrict the height to which structures and trees may be erected or allowed to grow.

 

(b) For the purpose of promoting In order to promote health, safety, order, convenience, prosperity, general welfare and for conserving to conserve property values and encouraging encourage the most appropriate use of land, the municipality may regulate the location, size and use of buildings and the density of population in that portion of an airport hazard area under approach zones for a distance not to exceed two miles from the airport boundary and in other portions of an in airport hazard area may regulate by land use zoning for a distance not to exceed one mile from the airport boundary, and by height-restriction zoning for a distance not to exceed 1-1/2 miles from the airport boundary areas:  (1) land use; (2) height restrictions; (3) the location, size, and use of buildings; and (4) the density of population.

 

(c) The powers granted by this subdivision may be exercised by metropolitan airports commissions in contiguous cities of the first class in and for which they have been created.

 

(d) In the case of airports owned or operated by the state of Minnesota such powers shall be exercised by the state airport zoning boards or by the commissioner of transportation as authorized herein.

 

Sec. 67.  Minnesota Statutes 2016, section 360.063, subdivision 3, is amended to read:

 

Subd. 3.  Joint airport zoning board.  (a) Where an airport is owned or controlled by a municipality and an airport hazard area appertaining to the airport is located within the territorial limits of another county or municipality, the municipality owning or controlling the airport may request a county or municipality in which an airport hazard area is located:

 

(1) to adopt and enforce airport zoning regulations for the area in question that conform to standards prescribed by the commissioner pursuant to subdivision 4 under sections 360.0655 and 360.0656; or

 

(2) to join in creating a joint airport zoning board pursuant to paragraph (b).  The owning or controlling municipality shall determine which of these actions it shall request, except as provided in paragraph (e) for the Metropolitan Airports Commission.  The request shall be made by certified mail to the governing body of each county and municipality in which an airport hazard area is located.

 

(b) Where an airport is owned or controlled by a municipality and an airport hazard area appertaining to the airport is located within the territorial limits of another county or municipality, the municipality owning or controlling the airport and the county or other municipality within which the airport hazard area is located may, by


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ordinance or resolution duly adopted, create a joint airport zoning board, which board shall have the same power to adopt, administer, and enforce airport zoning regulations applicable to the airport hazard area in question as that vested by subdivision 1 in the municipality within which the area is located.  A joint board shall have as members two representatives appointed by the municipality owning or controlling the airport and two from the county or municipality, or in case more than one county or municipality is involved two from each county or municipality, in which the airport hazard is located, and in addition a chair elected by a majority of the members so appointed.  All members shall serve at the pleasure of their respective appointing authority.  Notwithstanding any other provision of law to the contrary, if the owning and controlling municipality is a city of the first class it shall appoint four members to the board, and the chair of the board shall be elected from the membership of the board.

 

(c) If a county or municipality, within 60 days of receiving a request from an owning or controlling municipality pursuant to paragraph (a), fails to adopt, or thereafter fails to enforce, the zoning regulations or fails to join in creating a joint airport zoning board, the owning or controlling municipality, or a joint airport zoning board created without participation by the subdivisions which fail to join the board, may itself adopt, administer, and enforce airport zoning regulations for the airport hazard area in question.  In the event of conflict between the regulations and airport zoning regulations adopted by the county or municipality within which the airport hazard area is located, section 360.064, subdivision 2, applies.

 

(d) "Owning or controlling municipality," as used in this subdivision, includes:

 

(1) a joint airport operating board created pursuant to section 360.042 that has been granted all the powers of a municipality in zoning matters under the agreement creating the board;

 

(2) a joint airport operating board created pursuant to section 360.042 that has not been granted zoning powers under the agreement creating the board; provided that the board shall not itself adopt zoning regulations nor shall a joint airport zoning board created at its request adopt zoning regulations unless all municipalities that created the joint operating board join to create the joint zoning board; and

 

(3) the Metropolitan Airports Commission established and operated pursuant to chapter 473.

 

(e) The Metropolitan Airports Commission shall request creation of one joint airport zoning board for each airport operated under its authority.

 

Sec. 68.  Minnesota Statutes 2016, section 360.064, subdivision 1, is amended to read:

 

Subdivision 1.  Comprehensive regulations.  In the event that a municipality has adopted, or hereafter adopts, a comprehensive zoning ordinance regulating, among other things the height of buildings, any airport zoning regulations applicable to the same area or portion thereof may must be incorporated by reference or incorporated in and made a part of such comprehensive zoning regulations and be administered and enforced in connection therewith.

 

Sec. 69.  Minnesota Statutes 2016, section 360.065, subdivision 1, is amended to read:

 

Subdivision 1.  Notice of proposed zoning regulations, hearing.  (a) No airport zoning regulations shall be adopted, amended, or changed under sections 360.011 to 360.076, except by action of the governing body of the municipality or, county in question, or joint airport zoning board under section 360.0655 or 360.0656, or the boards provided for in section 360.063, subdivisions 3 and 7, or by the commissioner as provided in subdivisions 6 and 8, after public hearings, at which parties in interest and citizens shall have an opportunity to be heard.


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(b) A public hearing shall must be held on the proposed airport zoning regulations proposed by a municipality, county, or joint airport zoning board before they are submitted for approval to the commissioner and after that approval but before final adoption by the local zoning authority for approval.  If any changes that alter the regulations placed on a parcel of land are made to the proposed airport zoning regulations after the initial public hearing, the municipality, county, or joint airport zoning board must hold a second public hearing before final adoption of the regulation.  The commissioner may require a second hearing as determined necessary.

 

(c) Notice of a hearing required pursuant to this subdivision shall must be published by the local zoning authority municipality, county, or joint airport zoning board at least three times during the period between 15 days and five days before the hearing in an official newspaper and in a second newspaper designated by that authority which has a wide general circulation in the area affected by the proposed regulations. and posted on the municipality's, county's, or joint airport zoning board's Web site.  If there is not a second newspaper of wide general circulation in the area that the municipality, county, or joint airport zoning board can designate for the notice, the municipality, county, or joint airport zoning board is only required to publish the notice once in the official newspaper of the jurisdiction.  The notice shall not be published in the legal notice section of a newspaper.  The notice must specify the time, location, and purpose of the hearing, and must identify any additional location and time the proposed regulations will be available for public inspection.  A copy of the published notice must be added to the record of the proceedings.

 

(d) Notice of a hearing shall also be mailed to the governing body of each political subdivision in which property affected by the regulations is located.  Notice shall must be given by mail at least 15 ten days before each hearing to any persons in municipalities that own land proposed to be included in safety zone A or B as provided in the rules of the Department of Transportation and landowners where the location or size of a building, or the density of population, will be regulated.  Mailed notice must also be provided at least ten days before each hearing to persons or municipalities that have previously requested such notice from the authority. municipality, county, or joint airport zoning board.  The notice must specify the time, location, and purpose of the hearing, and must identify any additional location and time the proposed regulations will be made available for public inspection.  Mailed notice must also identify the property affected by the regulations.  For the purpose of giving providing mailed notice, the authority municipality, county, or joint airport zoning board may use any appropriate records to determine the names and addresses of owners.  A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall must be made a part of added to the records of the proceedings.  The Failure to give provide mailed notice to individual property owners, or defects a defect in the notice, shall does not invalidate the proceedings; provided if a bona fide attempt to comply with this subdivision has been was made.  A notice shall describe the property affected by the proposed regulations and the restrictions to be imposed on the property by the regulations and shall state the place and time at which the proposed regulations are available for public inspection.

 

Sec. 70.  [360.0655] AIRPORT ZONING REGULATIONS BASED ON COMMISSIONER'S STANDARDS; SUBMISSION PROCESS.

 

Subdivision 1.  Submission to commissioner; review.  (a) Except as provided in section 360.0656, prior to adopting zoning regulations the municipality, county, or joint airport zoning board must submit the proposed regulations to the commissioner for the commissioner to determine whether the regulations conform to the standards prescribed by the commissioner.  The municipality, county, or joint airport zoning board may elect to complete custom airport zoning under section 360.0656 instead of using the commissioner's standard, but only after providing written notice to the commissioner.

 

(b) Notwithstanding section 15.99, the commissioner must examine the proposed regulations within 90 days of receipt of the regulations and report to the municipality, county, or joint airport zoning board the commissioner's approval or objections, if any.  Failure to respond within 90 days is deemed an approval.  The commissioner may request additional information from the municipality, county, or joint airport zoning board within the 90-day review period.  If the commissioner requests additional information, the 90-day review period is tolled until the commissioner receives information and deems the information satisfactory.


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(c) If the commissioner objects on the grounds that the regulations do not conform to the standards prescribed by the commissioner, the municipality, county, or joint airport zoning board must make amendments necessary to resolve the objections or provide written notice to the commissioner that the municipality, county, or joint airport zoning board has elected to proceed with zoning under section 360.0656.

 

(d) If the municipality, county, or joint airport zoning board makes revisions to the proposed regulations after its initial public hearing, the municipality, county, or joint airport zoning board must conduct a second public hearing on the revisions and resubmit the revised proposed regulations to the commissioner for review.  The commissioner must examine the revised proposed regulations within 90 days of receipt to determine whether the revised proposed regulations conform to the standards prescribed by the commissioner.

 

(e) If, after a second review period, the commissioner determines that the municipality, county, or joint airport zoning board failed to submit proposed regulations that conform to the commissioner's standards, the commissioner must provide a final written decision to the municipality, county, or joint airport zoning board.

 

(f) The municipality, county, or joint airport zoning board must not adopt regulations or take other action until the proposed regulations are approved by the commissioner.

 

(g) The commissioner may approve local zoning ordinances that are more stringent than the commissioner's standards.

 

(h) If the commissioner approves the proposed regulations, the municipality, county, or joint airport zoning board may adopt the regulations.

 

(i) A copy of the adopted regulations must be filed with the county recorder in each county that contains a zoned area subject to the regulations.

 

(j) Substantive rights that existed and had been exercised prior to August 1, 2018, are not affected by the filing of the regulations.

 

Subd. 2.  Protection of existing land uses.  (a) In order to ensure minimum disruption of existing land uses, the commissioner's airport zoning standards and local airport zoning ordinances or regulations adopted under this section must distinguish between the creation or establishment of a use and the elimination of an existing use, and must avoid the elimination, removal, or reclassification of existing uses to the extent consistent with reasonable safety standards.  The commissioner's standards must include criteria for determining when an existing land use may constitute an airport hazard so severe that public safety considerations outweigh the public interest in preventing disruption to that land use.

 

(b) Airport zoning regulations that classify as a nonconforming use or require nonconforming use classification with respect to any existing low-density structure or existing isolated low-density building lots must be adopted under sections 360.061 to 360.074.

 

(c) A local airport zoning authority may classify a land use described in paragraph (b) as an airport hazard if the authority finds that the classification is justified by public safety considerations and is consistent with the commissioner's airport zoning standards.  Any land use described in paragraph (b) that is classified as an airport hazard must be acquired, altered, or removed at public expense.

 

(d) This subdivision must not be construed to affect the classification of any land use under any zoning ordinances or regulations not adopted under sections 360.061 to 360.074.


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Sec. 71.  [360.0656] CUSTOM AIRPORT ZONING STANDARDS.

 

Subdivision 1.  Custom airport zoning standards; factors.  (a) Notwithstanding section 360.0655, a municipality, county, or joint airport zoning board must provide notice to the commissioner when the municipality, county, or joint airport zoning board intends to establish and adopt custom airport zoning regulations under this section.

 

(b) Airport zoning regulations submitted to the commissioner under this subdivision are not subject to the commissioner's zoning regulations under section 360.0655 or Minnesota Rules, part 8800.2400.

 

(c) When developing and adopting custom airport zoning regulations under this section, the municipality, county, or joint airport zoning board must include in the record a detailed analysis that explains how the proposed custom airport zoning regulations addressed the following factors to ensure a reasonable level of safety:

 

(1) the location of the airport, the surrounding land uses, and the character of neighborhoods in the vicinity of the airport, including:

 

(i) the location of vulnerable populations, including schools, hospitals, and nursing homes, in the airport hazard area;

 

(ii) the location of land uses that attract large assemblies of people in the airport hazard area;

 

(iii) the availability of contiguous open spaces in the airport hazard area;

 

(iv) the location of wildlife attractants in the airport hazard area;

 

(v) airport ownership or control of the federal Runway Protection Zone and the department's Clear Zone;

 

(vi) land uses that create or cause interference with the operation of radio or electronic facilities used by the airport or aircraft;

 

(vii) land uses that make it difficult for pilots to distinguish between airport lights and other lights, result in glare in the eyes of pilots using the airport, or impair visibility in the vicinity of the airport;

 

(viii) land uses that otherwise inhibit a pilot's ability to land, take off, or maneuver the aircraft;

 

(ix) airspace protection to prevent the creation of air navigation hazards in the airport hazard area; and

 

(x) the social and economic costs of restricting land uses;

 

(2) the airport's type of operations and how the operations affect safety surrounding the airport;

 

(3) the accident rate at the airport compared to a statistically significant sample, including an analysis of accident distribution based on the rate with a higher accident incidence;

 

(4) the planned land uses within an airport hazard area, including any applicable platting, zoning, comprehensive plan, or transportation plan; and

 

(5) any other information relevant to safety or the airport.


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Subd. 2.  Submission to commissioner; review.  (a) Except as provided in section 360.0655, prior to adopting zoning regulations, the municipality, county, or joint airport zoning board must submit its proposed regulations and the supporting record to the commissioner for review.  The commissioner must determine whether the proposed custom airport zoning regulations and supporting record (1) evaluate the criteria under subdivision 1, and (2) provide a reasonable level of safety.

 

(b) Notwithstanding section 15.99, the commissioner must examine the proposed regulations within 90 days of receipt of the regulations and report to the municipality, county, or joint airport zoning board the commissioner's approval or objections, if any.  Failure to respond within 90 days is deemed an approval.  The commissioner may request additional information from the municipality, county, or joint airport zoning board within the 90-day review period.

 

(c) If the commissioner objects on the grounds that the regulations do not provide a reasonable level of safety, the municipality, county, or joint airport zoning board must review, consider, and provide a detailed explanation demonstrating how it evaluated the objections and what action it took or did not take in response to the objections.  If the municipality, county, or joint airport zoning board submits amended regulations after its initial public hearing, the municipality, county, or joint airport zoning board must conduct a second public hearing on the revisions and resubmit the revised proposed regulations to the commissioner for review.  The commissioner must examine the revised proposed regulations within 90 days of receipt of the regulations.  If the commissioner requests additional information, the 90-day review period is tolled until satisfactory information is received by the commissioner.  Failure to respond within 90 days is deemed an approval.

 

(d) If, after the second review period, the commissioner determines that the municipality, county, or joint airport zoning board failed to submit proposed regulations that provide a reasonable safety level, the commissioner must provide a final written decision to the municipality, county, or joint airport zoning board.

 

(e) A municipality, county, or joint airport zoning board is prohibited from adopting custom regulations or taking other action until the proposed regulations are approved by the commissioner.

 

(f) If the commissioner approves the proposed regulations, the municipality, county, or joint airport zoning board may adopt the regulations.

 

(g) A copy of the adopted regulations must be filed with the county recorder in each county that contains a zoned area subject to the regulations.

 

(h) Substantive rights that existed and had been exercised prior to August 1, 2018, are not affected by the filing of the regulations.

 

Sec. 72.  Minnesota Statutes 2016, section 360.066, subdivision 1, is amended to read:

 

Subdivision 1.  Reasonableness.  Standards of the commissioner Zoning standards defining airport hazard areas and the categories of uses permitted and airport zoning regulations adopted under sections 360.011 to 360.076, shall must be reasonable, and none shall impose a requirement or restriction which that is not reasonably necessary to effectuate the purposes of sections 360.011 to 360.076.  In determining what minimum airport zoning regulations may be adopted, the commissioner and a local airport zoning authority shall consider, among other things, the character of the flying operations expected to be conducted at the airport, the location of the airport, the nature of the terrain within the airport hazard area, the existing land uses and character of the neighborhood around the airport, the uses to which the property to be zoned are planned and adaptable, and the social and economic costs of restricting land uses versus the benefits derived from a strict application of the standards of the commissioner.


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Sec. 73.  Minnesota Statutes 2016, section 360.067, is amended by adding a subdivision to read:

 

Subd. 5.  Federal no hazard determination.  (a) Notwithstanding subdivisions 1 and 2, a municipality, county, or joint airport zoning board may include in its custom airport zoning regulations adopted under section 360.0656 an option to permit construction of a structure, an increase or alteration of the height of a structure, or the growth of an existing tree without a variance from height restrictions if the Federal Aviation Administration has analyzed the proposed construction, alteration, or growth under Code of Federal Regulations, title 14, part 77, and has determined the proposed construction, alteration, or growth does not:

 

(1) pose a hazard to air navigation;

 

(2) require changes to airport or aircraft operations; or

 

(3) require any mitigation conditions by the Federal Aviation Administration that cannot be satisfied by the landowner.

 

(b) A municipality, county, or joint airport zoning board that permits an exception to height restrictions under this subdivision must require the applicant to file the Federal Aviation Administration's no hazard determination with the applicable zoning administrator.  The applicant must obtain written approval of the zoning administrator before construction, alteration, or growth may occur.  Failure of the administrator to respond within 60 days to a filing under this subdivision is deemed a denial.  The Federal Aviation Administration's no hazard determination does not apply to requests for variation from land use, density, or any other requirement unrelated to the height of structures or the growth of trees.

 

Sec. 74.  Minnesota Statutes 2016, section 360.071, subdivision 2, is amended to read:

 

Subd. 2.  Membership.  (a) Where a zoning board of appeals or adjustment already exists, it may be appointed as the board of adjustment.  Otherwise, the board of adjustment shall consist of five members, each to be appointed for a term of three years by the authority adopting the regulations and to be removable by the appointing authority for cause, upon written charges and after public hearing.  The length of initial appointments may be staggered.

 

(b) In the case of a Metropolitan Airports Commission, five members shall be appointed by the commission chair from the area in and for which the commission was created, any of whom may be members of the commission.  In the case of an airport owned or operated by the state of Minnesota, the board of commissioners of the county, or counties, in which the airport hazard area is located shall constitute the airport board of adjustment and shall exercise the powers and duties of such board as provided herein.

 

Sec. 75.  Minnesota Statutes 2016, section 360.305, subdivision 6, is amended to read:

 

Subd. 6.  Zoning required.  The commissioner shall must not expend money for planning or land acquisition, or for the construction, improvement, or maintenance of airports, or for air navigation facilities for an airport, unless the governmental unit municipality, county, or joint airport zoning board involved has or is establishing a zoning authority for that airport, and the authority has made a good-faith showing that it is in the process of and will complete with due diligence, an airport zoning ordinance in accordance with sections 360.061 to 360.074.  The commissioner may provide funds to support airport safety projects that maintain existing infrastructure, regardless of a zoning authority's efforts to complete a zoning regulation.  The commissioner shall must make maximum use of zoning and easements to eliminate runway and other potential airport hazards rather than land acquisition in fee.


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Sec. 76.  Minnesota Statutes 2016, section 394.22, is amended by adding a subdivision to read:

 

Subd. 1a.  Airport safety zone.  "Airport safety zone" means an area subject to land use zoning controls adopted under sections 360.061 to 360.074 if the zoning controls regulate (1) the size or location of buildings, or (2) the density of population.

 

Sec. 77.  Minnesota Statutes 2016, section 394.23, is amended to read:

 

394.23 COMPREHENSIVE PLAN.

 

The board has the power and authority to prepare and adopt by ordinance, a comprehensive plan.  A comprehensive plan or plans when adopted by ordinance must be the basis for official controls adopted under the provisions of sections 394.21 to 394.37.  The commissioner of natural resources must provide the natural heritage data from the county biological survey, if available, to each county for use in the comprehensive plan.  When adopting or updating the comprehensive plan, the board must, if the data is available to the county, consider natural heritage data resulting from the county biological survey.  In a county that is not a greater than 80 percent area, as defined in section 103G.005, subdivision 10b, the board must consider adopting goals and objectives that will protect open space and the environment.  The board must consider the location and dimensions of airport safety zones in any portion of the county, and of any airport improvements, identified in the airport's most recent approved airport layout plan.

 

Sec. 78.  Minnesota Statutes 2016, section 394.231, is amended to read:

 

394.231 COMPREHENSIVE PLANS IN GREATER MINNESOTA; OPEN SPACE.

 

A county adopting or updating a comprehensive plan in a county outside the metropolitan area as defined by section 473.121, subdivision 2, and that is not a greater than 80 percent area, as defined in section 103G.005, subdivision 10b, shall consider adopting goals and objectives for the preservation of agricultural, forest, wildlife, and open space land, and minimizing development in sensitive shoreland areas.  Within three years of updating the comprehensive plan, the county shall consider adopting ordinances as part of the county's official controls that encourage the implementation of the goals and objectives.  The county shall consider the following goals and objectives:

 

(1) minimizing the fragmentation and development of agricultural, forest, wildlife, and open space lands, including consideration of appropriate minimum lot sizes;

 

(2) minimizing further development in sensitive shoreland areas;

 

(3) minimizing development near wildlife management areas, scientific and natural areas, and nature centers;

 

(4) encouraging land uses in airport safety zones that are compatible with the safe operation of the airport and the safety of people in the vicinity of the airport;

 

(4) (5) identification of areas of preference for higher density, including consideration of existing and necessary water and wastewater services, infrastructure, other services, and to the extent feasible, encouraging full development of areas previously zoned for nonagricultural uses;

 

(5) (6) encouraging development close to places of employment, shopping centers, schools, mass transit, and other public and private service centers;

 

(6) (7) identification of areas where other developments are appropriate; and

 

(7) (8) other goals and objectives a county may identify.


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Sec. 79.  Minnesota Statutes 2016, section 394.25, subdivision 3, is amended to read:

 

Subd. 3.  In district zoning, maps.  Within each such district zoning ordinances or maps may also be adopted designating or limiting the location, height, width, bulk, type of foundation, number of stories, size of, and the specific uses for which dwellings, buildings, and structures may be erected or altered; the minimum and maximum size of yards, courts, or other open spaces; setback from existing roads and highways and roads and highways designated on an official map; protective measures necessary to protect the public interest including but not limited to controls relating to appearance, signs, lighting, hours of operation and other aesthetic performance characteristics including but not limited to noise, heat, glare, vibrations and smoke; the area required to provide for off street loading and parking facilities; heights of trees and structures near airports; and to avoid too great concentration or scattering of the population.  All such provisions shall be uniform for each class of land or building throughout each district, but the provisions in one district may differ from those in other districts.  No provision may prohibit earth sheltered construction as defined in section 216C.06, subdivision 14, or manufactured homes built in conformance with sections 327.31 to 327.35 that comply with all other zoning ordinances promulgated pursuant to this section.  Airport safety zones must be included on maps that illustrate boundaries of zoning districts and that are adopted as official controls.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to maps created or updated under this section on or after that date.

 

Sec. 80.  Minnesota Statutes 2016, section 462.352, is amended by adding a subdivision to read:

 

Subd. 1a.  Airport safety zone.  "Airport safety zone" has the meaning given in section 394.22, subdivision 1a.

 

Sec. 81.  Minnesota Statutes 2016, section 462.355, subdivision 1, is amended to read:

 

Subdivision 1.  Preparation and review.  The planning agency shall prepare the comprehensive municipal plan.  In discharging this duty the planning agency shall consult with and coordinate the planning activities of other departments and agencies of the municipality to insure conformity with and to assist in the development of the comprehensive municipal plan.  In its planning activities the planning agency shall take due cognizance of the planning activities of adjacent units of government and other affected public agencies.  The planning agency shall periodically review the plan and recommend amendments whenever necessary.  When preparing or recommending amendments to the comprehensive plan, the planning agency of a municipality located within a county that is not a greater than 80 percent area, as defined in section 103G.005, subdivision 10b, must consider adopting goals and objectives that will protect open space and the environment.  When preparing or recommending amendments to the comprehensive plan, the planning agency must consider (1) the location and dimensions of airport safety zones in any portion of the municipality, and (2) any airport improvements identified in the airport's most recent approved airport layout plan.

 

Sec. 82.  Minnesota Statutes 2016, section 462.357, is amended by adding a subdivision to read:

 

Subd. 1i.  Airport safety zones on zoning maps.  Airport safety zones must be included on maps that illustrate boundaries of zoning districts and that are adopted as official controls.

 

EFFECTIVE DATE.  This section is effective August 1, 2018, and applies to maps created or updated under this section on or after that date.

 

Sec. 83.  Minnesota Statutes 2016, section 462.357, subdivision 9, is amended to read:

 

Subd. 9.  Development goals and objectives.  In adopting official controls after July 1, 2008, in a municipality outside the metropolitan area, as defined by section 473.121, subdivision 2, the municipality shall consider restricting new residential, commercial, and industrial development so that the new development takes place in areas subject to the following goals and objectives:


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(1) minimizing the fragmentation and development of agricultural, forest, wildlife, and open space lands, including consideration of appropriate minimum lot sizes;

 

(2) minimizing further development in sensitive shoreland areas;

 

(3) minimizing development near wildlife management areas, scientific and natural areas, and nature centers;

 

(4) encouraging land uses in airport safety zones that are compatible with the safe operation of the airport and the safety of people in the vicinity of the airport;

 

(4) (5) identification of areas of preference for higher density, including consideration of existing and necessary water and wastewater services, infrastructure, other services, and to the extent feasible, encouraging full development of areas previously zoned for nonagricultural uses;

 

(5) (6) encouraging development close to places of employment, shopping centers, schools, mass transit, and other public and private service centers;

 

(6) (7) identification of areas where other developments are appropriate; and

 

(7) (8) other goals and objectives a municipality may identify.

 

Sec. 84.  Minnesota Statutes 2016, section 473.13, is amended by adding a subdivision to read:

 

Subd. 1d.  Budget amendments.  In conjunction with the adoption of any amendment to a budget under subdivision 1, the council must submit a summary of the budget changes and a copy of the amended budget to the members and staff of the legislative committees with jurisdiction over transportation policy and finance and to the Legislative Commission on Metropolitan Government.

 

EFFECTIVE DATE; APPLICATION.  This section is effective the day following final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.

 

Sec. 85.  Minnesota Statutes 2016, section 473.13, is amended by adding a subdivision to read:

 

Subd. 6.  Overview of revenues and expenditures; forecast.  (a) In cooperation with the Department of Management and Budget and as required by section 16A.103, in February and November of each year the council must prepare a financial overview and forecast of revenues and expenditures for the transportation components of the council's budget.

 

(b) At a minimum, the financial overview and forecast must identify:

 

(1) actual revenues, expenditures, transfers, reserves, and balances for each of the previous four budget years;

 

(2) budgeted and forecasted revenues, expenditures, transfers, reserves, and balances for each year within the state forecast period; and

 

(3) a comparison of the information under clause (2) to the prior forecast, including any changes made.

 

(c) The information under paragraph (b), clauses (1) and (2), must include:


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(1) a breakdown for each transportation operating budget category established by the council, including but not limited to bus, light rail transit, commuter rail, planning, special transportation service under section 473.386, and assistance to replacement service providers under section 473.388;

 

(2) data for both transportation operating and capital expenditures; and

 

(3) fund balances for each replacement service provider under section 473.388.

 

(d) The financial overview and forecast must summarize reserve policies, identify the methodology for cost allocation, and review revenue assumptions and variables affecting the assumptions.

 

(e) The council must review the financial overview and forecast information with the chairs, ranking minority members, and staff of the legislative committees with jurisdiction over finance, ways and means, and transportation finance no later than two weeks following the release of the forecast.

 

EFFECTIVE DATE; APPLICATION.  This section is effective the day following final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.

 

Sec. 86.  Minnesota Statutes 2016, section 473.386, subdivision 3, is amended to read:

 

Subd. 3.  Duties of council.  In implementing the special transportation service, the council shall:

 

(a) encourage participation in the service by public, private, and private nonprofit providers of special transportation currently receiving capital or operating assistance from a public agency;

 

(b) when feasible and cost-efficient, contract with public, private, and private nonprofit providers that have demonstrated their ability to effectively provide service at a reasonable cost;

 

(c) encourage individuals using special transportation to use the type of service most appropriate to their particular needs;

 

(d) encourage shared rides to the greatest extent practicable;

 

(e) encourage public agencies that provide transportation to eligible individuals as a component of human services and educational programs to coordinate with this service and to allow reimbursement for transportation provided through the service at rates that reflect the public cost of providing that transportation;

 

(f) establish criteria to be used in determining individual eligibility for special transportation services;

 

(g) consult with the Transportation Accessibility Advisory Committee in a timely manner before changes are made in the provision of special transportation services;

 

(h) provide for effective administration and enforcement of council policies and standards; and

 

(i) ensure that, taken as a whole including contracts with public, private, and private nonprofit providers, the geographic coverage area of the special transportation service is continuous within the boundaries of the transit taxing district, as defined as of March 1, 2006, in section 473.446, subdivision 2, and any area added to the transit taxing district under section 473.4461 that received capital improvements financed in part by the Minnesota Urban Partnership Agreement (UPA) under the United States Department of Transportation UPA program.

 

EFFECTIVE DATE; APPLICATION.  This section is effective July 1, 2019, and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.


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Sec. 87.  Minnesota Statutes 2016, section 473.386, is amended by adding a subdivision to read:

 

Subd. 9.  Data practices.  (a) For purposes of administering this section, and only with the consent of the data subject, the commissioner of human services and the Metropolitan Council may share the following private data on individuals eligible for special transportation services:

 

(1) name;

 

(2) date of birth;

 

(3) residential address; and

 

(4) program eligibility status with expiration date, to inform the other party of program eligibility.

 

(b) The commissioner of human services and the Metropolitan Council must provide notice regarding data sharing to each individual applying for or renewing eligibility to use special transportation services.  The notice must seek consent to engage in data sharing under paragraph (a), and must state how and for what purposes the individual's private data will be shared between the commissioner of human services and the Metropolitan Council.  A consent to engage in data sharing is effective until the individual's eligibility expires, but may be renewed if the individual applies to renew eligibility.

 

EFFECTIVE DATE; APPLICATION.  This section is effective the day following final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.  Within 60 days of this section's effective date, the commissioner of human services and the Metropolitan Council must provide notice regarding data sharing to each individual who is currently receiving special transportation services under Minnesota Statutes, section 473.386.  The notice must provide an opportunity to opt out of data sharing under paragraph (a) of this section, and must state how and for what purposes the individual's private data will be shared between the commissioner of human services and the Metropolitan Council.  An individual who is currently receiving special transportation services on this section's effective date is presumed to have consented to data sharing under paragraph (a) unless, within 60 days of the dissemination of the notice, the individual appropriately informs the commissioner of human services or the Metropolitan Council that the individual opts out of data sharing.

 

Sec. 88.  Minnesota Statutes 2017 Supplement, section 473.4051, subdivision 2, is amended to read:

 

Subd. 2.  Operating costs.  (a) After operating revenue and federal money have been used to pay for light rail transit operations, 50 percent of the remaining operating costs must be paid by the state.

 

(b) Notwithstanding paragraph (a), all operating and ongoing capital maintenance costs must be paid from nonstate sources for a segment of a light rail transit line or line extension project that formally entered the engineering phase of the Federal Transit Administration's "New Starts" capital investment grant program between August 1, 2016, and December 31, 2016.

 

(c) For purposes of this subdivision, operating costs consist of the costs associated with light rail system daily operations and the maintenance costs associated with keeping light rail services and facilities operating.  Operating costs do not include costs incurred to construct new buildings or facilities, purchase new vehicles, or make technology improvements.

 

EFFECTIVE DATE; APPLICATION.  This section is effective the day following final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.


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Sec. 89.  Minnesota Statutes 2016, section 473.4051, subdivision 3, is amended to read:

 

Subd. 3.  Capital costs.  State money may must not be used to pay more than ten percent of for the total capital cost of a light rail transit project.

 

EFFECTIVE DATE; APPLICATION.  This section is effective the day following final enactment for appropriations encumbered on or after that date and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.

 

Sec. 90.  Minnesota Statutes 2016, section 473.606, subdivision 5, is amended to read:

 

Subd. 5.  Employees, others, affirmative action; prevailing wage.  The corporation shall have the power to appoint engineers and other consultants, attorneys, and such other officers, agents, and employees as it may see fit, who shall perform such duties and receive such compensation as the corporation may determine notwithstanding the provisions of section 43A.17, subdivision 9, and be removable at the pleasure of the corporation.  The corporation must adopt an affirmative action plan, which shall be submitted to the appropriate agency or office of the state for review and approval.  The plan must include a yearly progress report to the agency or office.  Whenever the corporation performs any work within the limits of a city of the first class, or establishes a minimum wage for skilled or unskilled labor in the specifications or any contract for work within one of the cities, the rate of pay to such skilled and unskilled labor must be the prevailing rate of wage for such labor in that city.

 

Sec. 91.  Minnesota Statutes 2016, section 574.26, subdivision 1a, is amended to read:

 

Subd. 1a.  Exemptions:  certain manufacturers; commissioner of transportation; road maintenance.  (a) Sections 574.26 to 574.32 do not apply to a manufacturer of public transit buses that manufactures at least 100 public transit buses in a calendar year.  For purposes of this section, "public transit bus" means a motor vehicle designed to transport people, with a design capacity for carrying more than 40 passengers, including the driver.  The term "public transit bus" does not include a school bus, as defined in section 169.011, subdivision 71.

 

(b) At the discretion of the commissioner of transportation, sections 574.26 to 574.32 do not apply to any projects of the Department of Transportation (1) costing less than the amount in section 471.345, subdivision 3, or (2) involving the permanent or semipermanent installation of heavy machinery, fixtures, or other capital equipment to be used primarily for maintenance or repair, or (3) awarded under section 161.32, subdivision 2.

 

(c) Sections 574.26 to 574.32 do not apply to contracts for snow removal, ice removal, grading, or other similar routine road maintenance on town roads.

 

Sec. 92.  Laws 2014, chapter 312, article 11, section 38, subdivision 5, is amended to read:

 

Subd. 5.  Pilot program evaluation.  In coordination with the city, the commissioner of transportation shall evaluate effectiveness of the pilot program under this section, which must include analysis of traffic safety impacts, utility to motorists and tourists, costs and expenditures, extent of community support, and pilot program termination or continuation.  By January 15, 2021 2024, the commissioner shall submit a report on the evaluation to the chairs and ranking minority members and staff of the legislative committees with jurisdiction over transportation policy and finance.

 

Sec. 93.  Laws 2014, chapter 312, article 11, section 38, subdivision 6, is amended to read:

 

Subd. 6.  Expiration.  The pilot program under this section expires January 1, 2022 2025.


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Sec. 94.  LEGISLATIVE ROUTE NO. 222 REMOVED.

 

(a) Minnesota Statutes, section 161.115, subdivision 153, is repealed effective the day after the commissioner of transportation receives a copy of the agreement between the commissioner and the governing body of Red Lake County to transfer jurisdiction of Legislative Route No. 222 and after the commissioner notifies the revisor of statutes under paragraph (b).

 

(b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota Statutes when the commissioner of transportation sends notice to the revisor electronically or in writing that the conditions required to transfer the route have been satisfied.

 

Sec. 95.  LEGISLATIVE ROUTE NO. 253 REMOVED.

 

(a) Minnesota Statutes, section 161.115, subdivision 184, is repealed effective the day after the commissioner of transportation receives a copy of the agreement between the commissioner and the governing body of Faribault County to transfer jurisdiction of Legislative Route No. 253 and after the commissioner notifies the revisor of statutes under paragraph (b).

 

(b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota Statutes when the commissioner of transportation sends notice to the revisor electronically or in writing that the conditions required to transfer the route have been satisfied.

 

Sec. 96.  LEGISLATIVE ROUTE NO. 254 REMOVED.

 

(a) Minnesota Statutes, section 161.115, subdivision 185, is repealed effective the day after the commissioner of transportation receives a copy of the agreement between the commissioner and the governing body of Faribault County to transfer jurisdiction of Legislative Route No. 254 and after the commissioner notifies the revisor of statutes under paragraph (b).

 

(b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota Statutes when the commissioner of transportation sends notice to the revisor electronically or in writing that the conditions required to transfer the route have been satisfied.

 

Sec. 97.  LEGISLATIVE ROUTE NO. 277 REMOVED.

 

(a) Minnesota Statutes, section 161.115, subdivision 208, is repealed effective the day after the commissioner of transportation receives a copy of the agreement between the commissioner and the governing body of Chippewa County to transfer jurisdiction of Legislative Route No. 277 and after the commissioner notifies the revisor of statutes under paragraph (b).

 

(b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota Statutes when the commissioner of transportation sends notice to the revisor electronically or in writing that the conditions required to transfer the route have been satisfied.

 

Sec. 98.  LEGISLATIVE ROUTE NO. 298 REMOVED.

 

(a) Minnesota Statutes, section 161.115, subdivision 229, is repealed effective the day after the commissioner of transportation receives a copy of the agreement between the commissioner and the governing body of the city of Faribault to transfer jurisdiction of Legislative Route No. 298 and after the commissioner notifies the revisor of statutes under paragraph (b).


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(b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota Statutes when the commissioner of transportation sends notice to the revisor electronically or in writing that the conditions required to transfer the route have been satisfied.

 

Sec. 99.  LEGISLATIVE ROUTE NO. 299 REMOVED.

 

(a) Minnesota Statutes, section 161.115, subdivision 230, is repealed effective the day after the commissioner of transportation receives a copy of the agreement between the commissioner and the governing body of the city of Faribault to transfer jurisdiction of Legislative Route No. 299 and after the commissioner notifies the revisor of statutes under paragraph (b).

 

(b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota Statutes when the commissioner of transportation sends notice to the revisor electronically or in writing that the conditions required to transfer the route have been satisfied.

 

Sec. 100.  LEGISLATIVE ROUTE NO. 323 REMOVED.

 

(a) Minnesota Statutes, section 161.115, subdivision 254, is repealed effective the day after the commissioner of transportation receives a copy of the agreement between the commissioner and the governing body of the city of Faribault to transfer jurisdiction of Legislative Route No. 323 and after the commissioner notifies the revisor of statutes under paragraph (b).

 

(b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota Statutes when the commissioner of transportation sends notice to the revisor electronically or in writing that the conditions required to transfer the route have been satisfied.

 

Sec. 101.  DEPARTMENT OF TRANSPORTATION LOAN CONVERSION AND LIEN RELEASE.

 

The commissioner of transportation must (1) convert to a grant the remaining balance on Minnesota Department of Transportation Contract No. 1000714, originally executed as of June 1, 2015, with Minnesota Commercial Railway Company; (2) cancel all future payments under the contract; (3) release liens on the locomotives designated as MNNR 49 and MNNR 84; and (4) perform the appropriate filing.  The commissioner is prohibited from requiring or accepting additional payments under the contract as of the effective date of this section.  Notwithstanding the loan conversion and payment cancellation under this section, all other terms and conditions under Contract No. 1000714 remain effective for the duration of the period specified in the contract.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 102.  NORTHSTAR CORRIDOR EXTENSION; NEGOTIATIONS.

 

The Department of Transportation must contact Burlington Northern Santa Fe Railway (BNSF) to negotiate an extension of the Northstar Corridor between Big Lake and St. Cloud.  Negotiations under this section are subject to the following conditions:

 

(1) the Northstar Corridor will add at least one morning round trip departure between the St. Cloud Amtrak Depot and Big Lake Station with continuing service to Target Station each weekday, plus one evening round trip between Big Lake Station and St. Cloud Amtrak Depot that must begin at Target Station, with the departure and arrival times set so that approximately ten or more hours elapse between the morning departure and evening return each day for both round trips.  The Department of Transportation may also negotiate weekend departures and arrivals between St. Cloud and Target Station;


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(2) the Department of Transportation may negotiate for fewer round trip departures from Big Lake to Target Station each weekday, and fewer round trip departures on weekends;

 

(3) BNSF must continue to crew and dispatch all trains and provide other track-related services;

 

(4) the St. Cloud Metropolitan Transit Commission (MTC) must be responsible for fare collection in St. Cloud and must negotiate with Amtrak for using the Amtrak station.  The MTC must negotiate an agreement with the Metropolitan Council, which is subject to approval by the city of St. Cloud, regarding the sharing of revenues and expenses related to the Amtrak Depot, fare collection, and advertising.  The MTC, city of St. Cloud, and Stearns, Benton, and Sherburne Counties are prohibited from entering into agreements with the Metropolitan Council on any subject other than the operation of the Northstar Corridor;

 

(5) the Department of Transportation is prohibited from committing to spend any state funds on capital expenditures;

 

(6) the Department of Transportation is prohibited from committing to spend any more state funds on operating costs than the total sum it and the Metropolitan Council have budgeted for the Northstar Corridor; and

 

(7) the Department of Transportation may negotiate with the federal government, counties and cities, or the Northstar Corridor Development Authority to provide additional funding for services necessary to extend the Northstar Corridor.

 

Sec. 103.  NORTHSTAR COMMUTER RAIL OPERATING COSTS; EXCEPTION.

 

(a) Minnesota Statutes, section 398A.10, subdivision 2, does not apply for reserve funds available to the Anoka County Regional Railroad Authority as of June 30, 2018, that are used to pay operating and maintenance costs of Northstar Commuter Rail.

 

(b) This section expires on January 1, 2021.

 

Sec. 104.  MARKED INTERSTATE HIGHWAY 35 SIGNS.

 

The commissioner of transportation must erect signs that identify and direct motorists to the campuses of Minnesota State Academy for the Deaf and Minnesota State Academy for the Blind under Minnesota Statutes, sections 125A.61 to 125A.73.  At least one sign in each direction of travel must be placed on marked Interstate Highway 35, located as near as practical to exits that reasonably access the campuses.  The commissioner is prohibited from removing signs for the campuses posted on marked Trunk Highway 60.

 

Sec. 105.  COMMERCIAL DRIVER'S LICENSE FEDERAL REGULATION WAIVER REQUEST.

 

The commissioner of public safety must apply to the Federal Motor Carrier Safety Administration for a waiver from the federal regulation that requires a person to have a passenger endorsement to drive a bus with no passengers for the sole purpose of delivering the bus to the purchaser.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 106.  REVISOR INSTRUCTIONS.

 

(a) The revisor of statutes shall renumber Minnesota Statutes, section 160.02, subdivision 27a, as Minnesota Statutes, section 169.011, subdivision 73a.  The revisor shall correct any cross-references made necessary by this renumbering.


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(b) The revisor of statutes shall change the term "special revenue fund" to "driver and vehicle services fund" wherever the term appears in Minnesota Statutes when referring to the accounts under Minnesota Statutes, section 299A.705.

 

Sec. 107.  REPEALER.

 

(a) Minnesota Statutes 2016, section 168.013, subdivision 21, is repealed.

 

(b) Minnesota Statutes 2016, section 221.161, subdivisions 2, 3, and 4, are repealed.

 

(c) Minnesota Statutes 2016, sections 360.063, subdivision 4; 360.065, subdivision 2; and 360.066, subdivisions 1a and 1b, are repealed.

 

(d) Minnesota Statutes 2016, sections 222.47; 222.50, subdivisions 1 and 7; and 222.51, are repealed.

 

(e) Minnesota Statutes 2017 Supplement, sections 222.49; and 222.50, subdivision 6, are repealed.

 

Sec. 108.  EFFECTIVE DATE; APPLICATION.

 

(a) Sections 61 to 63, 65 to 83, and section 107, paragraph (c), are effective August 1, 2018, and apply to airport sponsors that make or plan to make changes to runway lengths or configurations on or after that date.

 

(b) Sections 61 to 63, 65 to 83, and section 107, paragraph (c), do not apply to airports that (1) have airport safety zoning ordinances approved by this commissioner in effect on August 1, 2018; (2) have not made and are not planning to make changes to runway lengths or configurations; and (3) are not required to update airport safety zoning ordinances."

 

Renumber the subdivisions in sequence

 

Renumber the sections in sequence and correct the internal references

 

Amend the title as follows:

 

Page 1, line 2, delete "human services;" and insert "state government finance;"

 

Page 1, line 9, before "providing" insert "establishing a supplemental budget for transportation activities; modifying various provisions governing transportation policy and finance;"

 

Page 1, line 11, before "amending" insert "authorizing the sale and issuance of state bonds;"

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be placed on the General Register.


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MINORITY REPORT

 

April 25, 2018

 

We, the undersigned, being a minority of the Committee on Ways and Means, recommend that H. F. No. 3138 be amended as follows and placed on the General Register.

 

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

DEPARTMENT OF HEALTH AND PUBLIC HEALTH

 

Section 1.  Minnesota Statutes 2017 Supplement, section 62D.02, subdivision 4, is amended to read:

 

Subd. 4.  Health maintenance organization.  "Health maintenance organization" means a foreign or domestic nonprofit corporation organized under chapter 317A, or a local governmental unit as defined in subdivision 11, controlled and operated as provided in sections 62D.01 to 62D.30, which provides, either directly or through arrangements with providers or other persons, comprehensive health maintenance services, or arranges for the provision of these services, to enrollees on the basis of a fixed prepaid sum without regard to the frequency or extent of services furnished to any particular enrollee.

 

EFFECTIVE DATE.  This section is effective January 1, 2019.

 

Sec. 2.  Minnesota Statutes 2017 Supplement, section 62D.03, subdivision 1, is amended to read:

 

Subdivision 1.  Certificate of authority required.  Notwithstanding any law of this state to the contrary, any foreign or domestic nonprofit corporation organized to do so or a local governmental unit may apply to the commissioner of health for a certificate of authority to establish and operate a health maintenance organization in compliance with sections 62D.01 to 62D.30.  No person shall establish or operate a health maintenance organization in this state, nor sell or offer to sell, or solicit offers to purchase or receive advance or periodic consideration in conjunction with a health maintenance organization or health maintenance contract unless the organization has a certificate of authority under sections 62D.01 to 62D.30.

 

EFFECTIVE DATE.  This section is effective January 1, 2019.

 

Sec. 3.  Minnesota Statutes 2017 Supplement, section 62D.05, subdivision 1, is amended to read:

 

Subdivision 1.  Authority granted.  Any nonprofit corporation or local governmental unit may, upon obtaining a certificate of authority as required in sections 62D.01 to 62D.30, operate as a health maintenance organization.

 

EFFECTIVE DATE.  This section is effective January 1, 2019.

 

Sec. 4.  Minnesota Statutes 2017 Supplement, section 62D.06, subdivision 1, is amended to read:

 

Subdivision 1.  Governing body composition; enrollee advisory body.  The governing body of any health maintenance organization which is a nonprofit corporation may include enrollees, providers, or other individuals; provided, however, that after a health maintenance organization which is a nonprofit corporation has been authorized under sections 62D.01 to 62D.30 for one year, at least 40 percent of the governing body shall be composed of enrollees and members elected by the enrollees and members from among the enrollees and members.  For purposes of this section, "member" means a consumer who receives health care services through a self-insured contract that is administered by the health maintenance organization or its related third-party administrator.  The number of members elected to the governing body shall not exceed the number of enrollees elected to the governing body.  An enrollee or member elected to the governing board may not be a person:


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(1) whose occupation involves, or before retirement involved, the administration of health activities or the provision of health services;

 

(2) who is or was employed by a health care facility as a licensed health professional; or

 

(3) who has or had a direct substantial financial or managerial interest in the rendering of a health service, other than the payment of a reasonable expense reimbursement or compensation as a member of the board of a health maintenance organization.

 

After a health maintenance organization which is a local governmental unit has been authorized under sections 62D.01 to 62D.30 for one year, an enrollee advisory body shall be established.  The enrollees who make up this advisory body shall be elected by the enrollees from among the enrollees.

 

EFFECTIVE DATE.  This section is effective January 1, 2019.

 

Sec. 5.  Minnesota Statutes 2016, section 62D.12, is amended by adding a subdivision to read:

 

Subd. 8a.  Net earnings.  All net earnings of the nonprofit health maintenance organization shall be devoted to the nonprofit purposes of the health maintenance organization in providing comprehensive health care.  No health maintenance organization shall provide for the payment, whether directly or indirectly, of any part of its net earnings, to any person as a dividend or rebate; provided, however, that the health maintenance organizations may make payments to providers or other persons based upon the efficient provision of services or as incentives to provide quality care.  The commissioner of health shall, pursuant to sections 62D.01 to 62D.30, revoke the certificate of authority of any health maintenance organization in violation of this subdivision.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 6.  Minnesota Statutes 2017 Supplement, section 62D.19, is amended to read:

 

62D.19 UNREASONABLE EXPENSES.

 

No health maintenance organization shall incur or pay for any expense of any nature which is unreasonably high in relation to the value of the service or goods provided.  The commissioner of health shall implement and enforce this section by rules adopted under this section.

 

In an effort to achieve the stated purposes of sections 62D.01 to 62D.30; in order to safeguard the underlying nonprofit status of health maintenance organizations; and to ensure that the payment of health maintenance organization money to major participating entities results in a corresponding benefit to the health maintenance organization and its enrollees, when determining whether an organization has incurred an unreasonable expense in relation to a major participating entity, due consideration shall be given to, in addition to any other appropriate factors, whether the officers and trustees of the health maintenance organization have acted with good faith and in the best interests of the health maintenance organization in entering into, and performing under, a contract under which the health maintenance organization has incurred an expense.  The commissioner has standing to sue, on behalf of a health maintenance organization, officers or trustees of the health maintenance organization who have breached their fiduciary duty in entering into and performing such contracts.

 

EFFECTIVE DATE.  This section is effective January 1, 2019.


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Sec. 7.  Minnesota Statutes 2017 Supplement, section 62E.02, subdivision 3, is amended to read:

 

Subd. 3.  Health maintenance organization.  "Health maintenance organization" means a nonprofit corporation licensed and operated as provided in chapter 62D.

 

EFFECTIVE DATE.  This section is effective January 1, 2019.

 

Sec. 8.  Minnesota Statutes 2017 Supplement, section 103I.005, subdivision 2, is amended to read:

 

Subd. 2.  Boring.  "Boring" means a hole or excavation that is not used to extract water and includes exploratory borings, bored geothermal heat exchangers, temporary borings, and elevator borings.

 

Sec. 9.  Minnesota Statutes 2017 Supplement, section 103I.005, subdivision 8a, is amended to read:

 

Subd. 8a.  Environmental well.  "Environmental well" means an excavation 15 or more feet in depth that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed to:

 

(1) conduct physical, chemical, or biological testing of groundwater, and includes a groundwater quality monitoring or sampling well;

 

(2) lower a groundwater level to control or remove contamination in groundwater, and includes a remedial well and excludes horizontal trenches; or

 

(3) monitor or measure physical, chemical, radiological, or biological parameters of the earth and earth fluids, or for vapor recovery or venting systems.  An environmental well includes an excavation used to:

 

(i) measure groundwater levels, including a piezometer;

 

(ii) determine groundwater flow direction or velocity;

 

(iii) measure earth properties such as hydraulic conductivity, bearing capacity, or resistance;

 

(iv) obtain samples of geologic materials for testing or classification; or

 

(v) remove or remediate pollution or contamination from groundwater or soil through the use of a vent, vapor recovery system, or sparge point.

 

An environmental well does not include an exploratory boring.

 

Sec. 10.  Minnesota Statutes 2017 Supplement, section 103I.005, subdivision 17a, is amended to read:

 

Subd. 17a.  Temporary environmental well boring.  "Temporary environmental well" means an environmental well as defined in section 103I.005, subdivision 8a, that is sealed within 72 hours of the time construction on the well begins.  "Temporary boring" means an excavation that is 15 feet or more in depth that is sealed within 72 hours of the start of construction and is drilled, cored, washed, driven, dug, jetted, or otherwise constructed to:

 

(1) conduct physical, chemical, or biological testing of groundwater, including groundwater quality monitoring;

 

(2) monitor or measure physical, chemical, radiological, or biological parameters of earth materials or earth fluids, including hydraulic conductivity, bearing capacity, or resistance;


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(3) measure groundwater levels, including use of a piezometer;

 

(4) determine groundwater flow direction or velocity; or

 

(5) collect samples of geologic materials for testing or classification, or soil vapors for testing or extraction.

 

Sec. 11.  Minnesota Statutes 2017 Supplement, section 103I.205, subdivision 1, is amended to read:

 

Subdivision 1.  Notification required.  (a) Except as provided in paragraph (d), a person may not construct a water-supply, dewatering, or environmental well until a notification of the proposed well on a form prescribed by the commissioner is filed with the commissioner with the filing fee in section 103I.208, and, when applicable, the person has met the requirements of paragraph (e).  If after filing the well notification an attempt to construct a well is unsuccessful, a new notification is not required unless the information relating to the successful well has substantially changed.  A notification is not required prior to construction of a temporary environmental well boring.

 

(b) The property owner, the property owner's agent, or the licensed contractor where a well is to be located must file the well notification with the commissioner.

 

(c) The well notification under this subdivision preempts local permits and notifications, and counties or home rule charter or statutory cities may not require a permit or notification for wells unless the commissioner has delegated the permitting or notification authority under section 103I.111.

 

(d) A person who is an individual that constructs a drive point water-supply well on property owned or leased by the individual for farming or agricultural purposes or as the individual's place of abode must notify the commissioner of the installation and location of the well.  The person must complete the notification form prescribed by the commissioner and mail it to the commissioner by ten days after the well is completed.  A fee may not be charged for the notification.  A person who sells drive point wells at retail must provide buyers with notification forms and informational materials including requirements regarding wells, their location, construction, and disclosure.  The commissioner must provide the notification forms and informational materials to the sellers.

 

(e) When the operation of a well will require an appropriation permit from the commissioner of natural resources, a person may not begin construction of the well until the person submits the following information to the commissioner of natural resources:

 

(1) the location of the well;

 

(2) the formation or aquifer that will serve as the water source;

 

(3) the maximum daily, seasonal, and annual pumpage rates and volumes that will be requested in the appropriation permit; and

 

(4) other information requested by the commissioner of natural resources that is necessary to conduct the preliminary assessment required under section 103G.287, subdivision 1, paragraph (c).

 

The person may begin construction after receiving preliminary approval from the commissioner of natural resources.

 

Sec. 12.  Minnesota Statutes 2017 Supplement, section 103I.205, subdivision 4, is amended to read:

 

Subd. 4.  License required.  (a) Except as provided in paragraph (b), (c), (d), or (e), section 103I.401, subdivision 2, or 103I.601, subdivision 2, a person may not drill, construct, repair, or seal a well or boring unless the person has a well contractor's license in possession.


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(b) A person may construct, repair, and seal an environmental well or temporary boring if the person:

 

(1) is a professional engineer licensed under sections 326.02 to 326.15 in the branches of civil or geological engineering;

 

(2) is a hydrologist or hydrogeologist certified by the American Institute of Hydrology;

 

(3) is a professional geoscientist licensed under sections 326.02 to 326.15;

 

(4) is a geologist certified by the American Institute of Professional Geologists; or

 

(5) meets the qualifications established by the commissioner in rule.

 

A person must be licensed by the commissioner as an environmental well contractor on forms provided by the commissioner.

 

(c) A person may do the following work with a limited well/boring contractor's license in possession.  A separate license is required for each of the four activities:

 

(1) installing, repairing, and modifying well screens, pitless units and pitless adaptors, well pumps and pumping equipment, and well casings from the pitless adaptor or pitless unit to the upper termination of the well casing;

 

(2) sealing wells and borings;

 

(3) constructing, repairing, and sealing dewatering wells; or

 

(4) constructing, repairing, and sealing bored geothermal heat exchangers.

 

(d) A person may construct, repair, and seal an elevator boring with an elevator boring contractor's license.

 

(e) Notwithstanding other provisions of this chapter requiring a license, a license is not required for a person who complies with the other provisions of this chapter if the person is:

 

(1) an individual who constructs a water-supply well on land that is owned or leased by the individual and is used by the individual for farming or agricultural purposes or as the individual's place of abode; or

 

(2) an individual who performs labor or services for a contractor licensed under the provisions of this chapter in connection with the construction, sealing, or repair of a well or boring at the direction and under the personal supervision of a contractor licensed under the provisions of this chapter; or.

 

(3) a licensed plumber who is repairing submersible pumps or water pipes associated with well water systems if:  (i) the repair location is within an area where there is no licensed well contractor within 50 miles, and (ii) the licensed plumber complies with all relevant sections of the plumbing code.

 

Sec. 13.  Minnesota Statutes 2016, section 103I.205, subdivision 9, is amended to read:

 

Subd. 9.  Report of work.  Within 30 60 days after completion or sealing of a well or boring, the person doing the work must submit a verified report to the commissioner containing the information specified by rules adopted under this chapter.


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Within 30 days after receiving the report, the commissioner shall send or otherwise provide access to a copy of the report to the commissioner of natural resources, to the local soil and water conservation district where the well is located, and to the director of the Minnesota Geological Survey.

 

Sec. 14.  Minnesota Statutes 2017 Supplement, section 103I.208, subdivision 1, is amended to read:

 

Subdivision 1.  Well notification fee.  The well notification fee to be paid by a property owner is:

 

(1) for construction of a water supply well, $275, which includes the state core function fee;

 

(2) for a well sealing, $75 for each well or boring, which includes the state core function fee, except that a single fee of $75 is required for all temporary environmental wells borings recorded on the sealing notification for a single property, having depths within a 25 foot range, and sealed within 72 hours of start of construction, except that temporary borings less than 25 feet in depth are exempt from the notification and fee requirements in this chapter;

 

(3) for construction of a dewatering well, $275, which includes the state core function fee, for each dewatering well except a dewatering project comprising five or more dewatering wells shall be assessed a single fee of $1,375 for the dewatering wells recorded on the notification; and

 

(4) for construction of an environmental well, $275, which includes the state core function fee, except that a single fee of $275 is required for all environmental wells recorded on the notification that are located on a single property, and except that no fee is required for construction of a temporary environmental well boring.

 

Sec. 15.  Minnesota Statutes 2017 Supplement, section 103I.235, subdivision 3, is amended to read:

 

Subd. 3.  Temporary environmental well boring and unsuccessful well exemption.  This section does not apply to temporary environmental wells borings or unsuccessful wells that have been sealed by a licensed contractor in compliance with this chapter.

 

Sec. 16.  Minnesota Statutes 2016, section 103I.301, subdivision 6, is amended to read:

 

Subd. 6.  Notification required.  A person may not seal a well or boring until a notification of the proposed sealing is filed as prescribed by the commissioner.  Temporary borings less than 25 feet in depth are exempt from the notification requirements in this chapter.

 

Sec. 17.  Minnesota Statutes 2017 Supplement, section 103I.601, subdivision 4, is amended to read:

 

Subd. 4.  Notification and map of borings.  (a) By ten days before beginning exploratory boring, an explorer must submit to the commissioner of health a notification of the proposed boring on a form prescribed by the commissioner, map and a fee of $275 for each exploratory boring.

 

(b) By ten days before beginning exploratory boring, an explorer must submit to the commissioners of health and natural resources a county road map on a single sheet of paper that is eight and one-half by 11 inches in size and having a scale of one-half inch equal to one mile, as prepared by the Department of Transportation, or a 7.5 minute series topographic map (1:24,000 scale), as prepared by the United States Geological Survey, showing the location of each proposed exploratory boring to the nearest estimated 40 acre parcel.  Exploratory boring that is proposed on the map may not be commenced later than 180 days after submission of the map, unless a new map is submitted.


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Sec. 18.  [137.68] ADVISORY COUNCIL ON RARE DISEASES.

 

Subdivision 1.  Establishment.  The Board of Regents of the University of Minnesota is requested to establish an advisory council on rare diseases to provide advice on research, diagnosis, treatment, and education related to rare diseases.  For purposes of this section, "rare disease" has the meaning given in United States Code, title 21, section 360bb.  The council shall be called the Chloe Barnes Advisory Council on Rare Diseases.

 

Subd. 2.  Membership.  (a) The advisory council may consist of public members appointed by the Board of Regents or a designee according to paragraph (b) and four members of the legislature appointed according to paragraph (c).

 

(b) The Board of Regents or a designee is requested to appoint the following public members:

 

(1) three physicians licensed and practicing in the state with experience researching, diagnosing, or treating rare diseases;

 

(2) one registered nurse or advanced practice registered nurse licensed and practicing in the state with experience treating rare diseases;

 

(3) at least two hospital administrators, or their designees, from hospitals in the state that provide care to persons diagnosed with a rare disease.  One administrator or designee appointed under this clause must represent a hospital in which the scope of service focuses on rare diseases of pediatric patients;

 

(4) three persons age 18 or older who either have a rare disease or are a caregiver of a person with a rare disease;

 

(5) a representative of a rare disease patient organization that operates in the state;

 

(6) a social worker with experience providing services to persons diagnosed with a rare disease;

 

(7) a pharmacist with experience with drugs used to treat rare diseases;

 

(8) a dentist licensed and practicing in the state with experience treating rare diseases;

 

(9) a representative of the biotechnology industry;

 

(10) a representative of health plan companies;

 

(11) a medical researcher with experience conducting research on rare diseases;

 

(12) a genetic counselor with experience providing services to persons diagnosed with a rare disease or caregivers of those persons; and

 

(13) other public members, who may serve on an ad hoc basis.

 

(c) The advisory council shall include two members of the senate, one appointed by the majority leader and one appointed by the minority leader; and two members of the house of representatives, one appointed by the speaker of the house and one appointed by the minority leader.

 

(d) The commissioner of health or a designee, a representative of Mayo Medical School, and a representative of the University of Minnesota Medical School, shall serve as ex officio, nonvoting members of the advisory council.


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(e) Initial appointments to the advisory council shall be made no later than July 1, 2018.  Members appointed according to paragraph (b) shall serve for a term of three years, except that the initial members appointed according to paragraph (b) shall have an initial term of two, three, or four years determined by lot by the chairperson.  Members appointed according to paragraph (b) shall serve until their successors have been appointed.

 

Subd. 3.  Meetings.  The Board of Regents or a designee is requested to convene the first meeting of the advisory council no later than September 1, 2018.  The advisory council shall meet at the call of the chairperson or at the request of a majority of advisory council members.

 

Subd. 4.  Duties.  The advisory council's duties may include, but are not limited to:

 

(1) in conjunction with the state's medical schools, the state's schools of public health, and hospitals in the state that provide care to persons diagnosed with a rare disease, developing resources or recommendations relating to quality of and access to treatment and services in the state for persons with a rare disease, including but not limited to:

 

(i) a list of existing, publicly accessible resources on research, diagnosis, treatment, and education relating to rare diseases;

 

(ii) identifying best practices for rare disease care implemented in other states, at the national level, and at the international level, that will improve rare disease care in the state and seeking opportunities to partner with similar organizations in other states and countries;

 

(iii) identifying problems faced by patients with a rare disease when changing health plans, including recommendations on how to remove obstacles faced by these patients to finding a new health plan and how to improve the ease and speed of finding a new health plan that meets the needs of patients with a rare disease; and

 

(iv) identifying best practices to ensure health care providers are adequately informed of the most effective strategies for recognizing and treating rare diseases; and

 

(2) advising, consulting, and cooperating with the Department of Health, the Advisory Committee on Heritable and Congenital Disorders, and other agencies of state government in developing information and programs for the public and the health care community relating to diagnosis, treatment, and awareness of rare diseases.

 

Subd. 5.  Conflict of interest.  Advisory council members are subject to the Board of Regents policy on conflicts of interest.

 

Subd. 6.  Annual report.  By January 1 of each year, beginning January 1, 2019, the advisory council shall report to the chairs and ranking minority members of the legislative committees with jurisdiction over higher education and health care policy on the advisory council's activities under subdivision 4 and other issues on which the advisory council may choose to report.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 19.  [144.064] THE VIVIAN ACT.

 

Subdivision 1.  Short title.  This section shall be known and may be cited as the "Vivian Act."

 

Subd. 2.  Definitions.  For purposes of this section, the following terms have the meanings given them:

 

(1) "commissioner" means the commissioner of health;


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(2) "health care practitioner" means a medical professional that provides prenatal or postnatal care;

 

(3) "CMV" means the human herpesvirus cytomegalovirus, also called HCMV, human herpesvirus 5, and HHV‑5; and

 

(4) "congenital CMV" means the transmission of a CMV infection from a pregnant mother to her fetus.

 

Subd. 3.  Commissioner duties.  (a) The commissioner shall make available to health care practitioners and women who may become pregnant, expectant parents, and parents of infants up-to-date and evidence-based information about congenital CMV that has been reviewed by experts with knowledge of the disease.  The information shall include the following:

 

(1) the recommendation to consider testing for congenital CMV in babies who did not pass their newborn hearing screen or in which a pregnancy history suggests increased risk for congenital CMV infection;

 

(2) the incidence of CMV;

 

(3) the transmission of CMV to pregnant women and women who may become pregnant;

 

(4) birth defects caused by congenital CMV;

 

(5) available preventative measures to avoid the infection of women who are pregnant or may become pregnant; and

 

(6) resources available for families of children born with congenital CMV.

 

(b) The commissioner shall follow existing department practice, inclusive of community engagement, to ensure that the information in paragraph (a) is culturally and linguistically appropriate for all recipients.

 

(c) The department shall establish an outreach program to:

 

(1) educate women who may become pregnant, expectant parents, and parents of infants about CMV; and

 

(2) raise awareness for CMV among health care providers who provide care to expectant mothers or infants.

 

Sec. 20.  Minnesota Statutes 2016, section 144.121, subdivision 1a, is amended to read:

 

Subd. 1a.  Fees for ionizing radiation-producing equipment.  (a) A facility with ionizing radiation-producing equipment must pay an annual initial or annual renewal registration fee consisting of a base facility fee of $100 and an additional fee for each radiation source, as follows:

 

(1)

medical or veterinary equipment

 

$100

 

(2)

dental x-ray equipment

 

$40

 

(3)

x-ray equipment not used on humans or animals

 

$100

 

(4)

devices with sources of ionizing radiation not used on humans or animals

 

$100

 

(5)

security screening system

 

$100

 

 

(b) A facility with radiation therapy and accelerator equipment must pay an annual registration fee of $500.  A facility with an industrial accelerator must pay an annual registration fee of $150.

 

(c) Electron microscopy equipment is exempt from the registration fee requirements of this section.


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(d) For purposes of this section, a security screening system means radiation-producing equipment designed and used for security screening of humans who are in custody of a correctional or detention facility, and is used by the facility to image and identify contraband items concealed within or on all sides of a human body.  For purposes of this section, a correctional or detention facility is a facility licensed by the commissioner of corrections under section 241.021, and operated by a state agency or political subdivision charged with detection, enforcement, or incarceration in respect to state criminal and traffic laws.

 

Sec. 21.  Minnesota Statutes 2016, section 144.121, is amended by adding a subdivision to read:

 

Subd. 9.  Exemption from examination requirements; operators of security screening systems.  (a) An employee of a correctional or detention facility who operates a security screening system and the facility in which the system is being operated are exempt from the requirements of subdivisions 5 and 6.

 

(b) An employee of a correctional or detention facility who operates a security screening system and the facility in which the system is being operated must meet the requirements of a variance to Minnesota Rules, parts 4732.0305 and 4732.0565, issued under Minnesota Rules, parts 4717.7000 to 4717.7050.  This paragraph expires on December 31 of the year that the permanent rules adopted by the commissioner governing security screening systems are published in the State Register.

 

EFFECTIVE DATE.  This section is effective 30 days following final enactment.

 

Sec. 22.  [144.131] ADVISORY COUNCIL ON PANDAS AND PANS.

 

Subdivision 1.  Advisory council established.  The commissioner of health shall establish an advisory council on pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections (PANDAS) and pediatric acute-onset neuropsychiatric syndrome (PANS) to advise the commissioner regarding research, diagnosis, treatment, and education relating to PANDAS and PANS.

 

Subd. 2.  Membership.  (a) The advisory council shall consist of 14 public members appointed according to paragraph (b) and two members of the legislature appointed according to paragraph (c).

 

(b) The commissioner shall appoint the following public members to the advisory council in the manner provided in section 15.0597:

 

(1) an immunologist who is licensed by the Board of Medical Practice and who has experience treating PANS with the use of intravenous immunoglobulin;

 

(2) a health care provider who is licensed and practicing in Minnesota and who has experience treating persons with PANS and autism spectrum disorder;

 

(3) a representative of a nonprofit PANS advocacy organization;

 

(4) a family practice physician who is licensed by the Board of Medical Practice and practicing in Minnesota and who has experience treating persons with PANS;

 

(5) a medical researcher with experience conducting research on PANDAS, PANS, obsessive-compulsive disorder, and other neurological disorders;

 

(6) a health care provider who is licensed and practicing in Minnesota and who has expertise in treating patients with eating disorders;


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(7) a representative of a professional organization in Minnesota for school psychologists or school social workers;

 

(8) a child psychiatrist who is licensed by the Board of Medical Practice and practicing in Minnesota and who has experience treating persons with PANS;

 

(9) a pediatrician who is licensed by the Board of Medical Practice and practicing in Minnesota and who has experience treating persons with PANS;

 

(10) a representative of an organization focused on autism spectrum disorder;

 

(11) a parent of a child who has been diagnosed with PANS and autism spectrum disorder;

 

(12) a social worker licensed by the Board of Social Work and practicing in Minnesota;

 

(13) a designee of the commissioner of education with expertise in special education; and

 

(14) a representative of health plan companies that offer health plans in the individual or group markets.

 

(c) Legislative members shall be appointed to the advisory council as follows:

 

(1) the Subcommittee on Committees of the Committee on Rules and Administration in the senate shall appoint one member from the senate; and

 

(2) the speaker of the house shall appoint one member from the house of representatives.

 

(d) The commissioner of health or a designee shall serve as a nonvoting member of the advisory council.

 

Subd. 3.  Terms.  Members of the advisory council shall serve for a term of three years and may be reappointed.  Members shall serve until their successors have been appointed.

 

Subd. 4.  Administration.  The commissioner of health or the commissioner's designee shall provide meeting space and administrative services for the advisory council.

 

Subd. 5.  Compensation and expenses.  Public members of the advisory council shall not receive compensation but may be reimbursed for allowed actual and necessary expenses incurred in the performance of the member's duties for the advisory council, in the same manner and amount as authorized by the commissioner's plan adopted under section 43A.18, subdivision 2.

 

Subd. 6.  Chair; meetings.  (a) At the advisory council's first meeting, and every two years thereafter, the members of the advisory council shall elect from among their membership a chair and a vice-chair, whose duties shall be established by the advisory council.

 

(b) The chair of the advisory council shall fix a time and place for regular meetings.  The advisory council shall meet at least four times each year at the call of the chair or at the request of a majority of the advisory council's members.

 

Subd. 7.  Duties.  The advisory council shall:

 

(1) advise the commissioner regarding research, diagnosis, treatment, and education relating to PANDAS and PANS;


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(2) annually develop recommendations on the following issues related to PANDAS and PANS:

 

(i) practice guidelines for diagnosis and treatment;

 

(ii) ways to increase clinical awareness and education of PANDAS and PANS among pediatricians, other physicians, school-based health centers, and providers of mental health services;

 

(iii) outreach to educators and parents to increase awareness of PANDAS and PANS; and

 

(iv) development of a network of volunteer experts on the diagnosis and treatment of PANDAS and PANS to assist in education and research; and

 

(3) by October 1, 2019, and each October 1 thereafter, complete an annual report with the advisory council's recommendations on the issues listed in clause (2), and submit the report to the chairs and ranking minority members of the legislative committees with jurisdiction over health care and education.  The commissioner shall also post a copy of each annual report on the Department of Health Web site.

 

Subd. 8.  Expiration.  The advisory council expires October 1, 2024.

 

Sec. 23.  Minnesota Statutes 2016, section 144.1501, subdivision 1, is amended to read:

 

Subdivision 1.  Definitions.  (a) For purposes of this section, the following definitions apply.

 

(b) "Advanced dental therapist" means an individual who is licensed as a dental therapist under section 150A.06, and who is certified as an advanced dental therapist under section 150A.106.

 

(c) "Alcohol and drug counselor" means an individual who is licensed as an alcohol and drug counselor under chapter 148F.

 

(c) (d) "Dental therapist" means an individual who is licensed as a dental therapist under section 150A.06.

 

(d) (e) "Dentist" means an individual who is licensed to practice dentistry.

 

(e) (f) "Designated rural area" means a statutory and home rule charter city or township that is outside the seven‑county metropolitan area as defined in section 473.121, subdivision 2, excluding the cities of Duluth, Mankato, Moorhead, Rochester, and St. Cloud.

 

(f) (g) "Emergency circumstances" means those conditions that make it impossible for the participant to fulfill the service commitment, including death, total and permanent disability, or temporary disability lasting more than two years.

 

(g) (h) "Mental health professional" means an individual providing clinical services in the treatment of mental illness who is qualified in at least one of the ways specified in section 245.462, subdivision 18.

 

(h) (i) "Medical resident" means an individual participating in a medical residency in family practice, internal medicine, obstetrics and gynecology, pediatrics, or psychiatry.

 

(i) (j) "Midlevel practitioner" means a nurse practitioner, nurse-midwife, nurse anesthetist, advanced clinical nurse specialist, or physician assistant.


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(j) (k) "Nurse" means an individual who has completed training and received all licensing or certification necessary to perform duties as a licensed practical nurse or registered nurse.

 

(k) (l) "Nurse-midwife" means a registered nurse who has graduated from a program of study designed to prepare registered nurses for advanced practice as nurse-midwives.

 

(l) (m) "Nurse practitioner" means a registered nurse who has graduated from a program of study designed to prepare registered nurses for advanced practice as nurse practitioners.

 

(m) (n) "Pharmacist" means an individual with a valid license issued under chapter 151.

 

(n) (o) "Physician" means an individual who is licensed to practice medicine in the areas of family practice, internal medicine, obstetrics and gynecology, pediatrics, or psychiatry.

 

(o) (p) "Physician assistant" means a person licensed under chapter 147A.

 

(p) (q) "Public health nurse" means a registered nurse licensed in Minnesota who has obtained a registration certificate as a public health nurse from the Board of Nursing in accordance with Minnesota Rules, chapter 6316.

 

(q) (r) "Qualified educational loan" means a government, commercial, or foundation loan for actual costs paid for tuition, reasonable education expenses, and reasonable living expenses related to the graduate or undergraduate education of a health care professional.

 

(r) (s) "Underserved urban community" means a Minnesota urban area or population included in the list of designated primary medical care health professional shortage areas (HPSAs), medically underserved areas (MUAs), or medically underserved populations (MUPs) maintained and updated by the United States Department of Health and Human Services.

 

Sec. 24.  Minnesota Statutes 2017 Supplement, section 144.1501, subdivision 2, is amended to read:

 

Subd. 2.  Creation of account.  (a) A health professional education loan forgiveness program account is established.  The commissioner of health shall use money from the account to establish a loan forgiveness program:

 

(1) for medical residents and mental health professionals agreeing to practice in designated rural areas or underserved urban communities or specializing in the area of pediatric psychiatry;

 

(2) for midlevel practitioners agreeing to practice in designated rural areas or to teach at least 12 credit hours, or 720 hours per year in the nursing field in a postsecondary program at the undergraduate level or the equivalent at the graduate level;

 

(3) for nurses who agree to practice in a Minnesota nursing home; an intermediate care facility for persons with developmental disability; a hospital if the hospital owns and operates a Minnesota nursing home and a minimum of 50 percent of the hours worked by the nurse is in the nursing home; a housing with services establishment as defined in section 144D.01, subdivision 4; or for a home care provider as defined in section 144A.43, subdivision 4; or agree to teach at least 12 credit hours, or 720 hours per year in the nursing field in a postsecondary program at the undergraduate level or the equivalent at the graduate level;


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(4) for other health care technicians agreeing to teach at least 12 credit hours, or 720 hours per year in their designated field in a postsecondary program at the undergraduate level or the equivalent at the graduate level.  The commissioner, in consultation with the Healthcare Education-Industry Partnership, shall determine the health care fields where the need is the greatest, including, but not limited to, respiratory therapy, clinical laboratory technology, radiologic technology, and surgical technology;

 

(5) for pharmacists, advanced dental therapists, dental therapists, and public health nurses, and alcohol and drug counselors who agree to practice in designated rural areas; and

 

(6) for dentists agreeing to deliver at least 25 percent of the dentist's yearly patient encounters to state public program enrollees or patients receiving sliding fee schedule discounts through a formal sliding fee schedule meeting the standards established by the United States Department of Health and Human Services under Code of Federal Regulations, title 42, section 51, chapter 303.

 

(b) Appropriations made to the account do not cancel and are available until expended, except that at the end of each biennium, any remaining balance in the account that is not committed by contract and not needed to fulfill existing commitments shall cancel to the fund.

 

Sec. 25.  Minnesota Statutes 2016, section 144.1501, subdivision 3, is amended to read:

 

Subd. 3.  Eligibility.  (a) To be eligible to participate in the loan forgiveness program, an individual must:

 

(1) be a medical or dental resident; a licensed pharmacist; or be enrolled in a training or education program to become a dentist, dental therapist, advanced dental therapist, mental health professional, pharmacist, public health nurse, midlevel practitioner, registered nurse, or a licensed practical nurse, or alcohol and drug counselor.  The commissioner may also consider applications submitted by graduates in eligible professions who are licensed and in practice; and

 

(2) submit an application to the commissioner of health.

 

(b) An applicant selected to participate must sign a contract to agree to serve a minimum three-year full-time service obligation according to subdivision 2, which shall begin no later than March 31 following completion of required training, with the exception of a nurse, who must agree to serve a minimum two-year full-time service obligation according to subdivision 2, which shall begin no later than March 31 following completion of required training.

 

Sec. 26.  Minnesota Statutes 2016, section 144.1506, subdivision 2, is amended to read:

 

Subd. 2.  Expansion grant program.  (a) The commissioner of health shall award primary care residency expansion grants to eligible primary care residency programs to plan and implement new residency slots.  A planning grant shall not exceed $75,000, and a training grant shall not exceed $150,000 per new residency slot for the first year, $100,000 for the second year, and $50,000 for the third year of the new residency slot.  For eligible residency programs longer than three years, training grants may be awarded for the duration of the residency, not exceeding an average of $100,000 per residency slot per year.

 

(b) Funds may be spent to cover the costs of:

 

(1) planning related to establishing an accredited primary care residency program;

 

(2) obtaining accreditation by the Accreditation Council for Graduate Medical Education or another national body that accredits residency programs;


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(3) establishing new residency programs or new resident training slots;

 

(4) recruitment, training, and retention of new residents and faculty;

 

(5) travel and lodging for new residents;

 

(6) faculty, new resident, and preceptor salaries related to new residency slots;

 

(7) training site improvements, fees, equipment, and supplies required for new primary care resident training slots; and

 

(8) supporting clinical education in which trainees are part of a primary care team model.

 

Sec. 27.  [144.397] STATEWIDE TOBACCO CESSATION SERVICES.

 

(a) The commissioner of health shall administer, or contract for the administration of, statewide tobacco cessation services to assist Minnesotans who are seeking advice or services to help them quit using tobacco products.  The commissioner shall establish statewide public awareness activities to inform the public of the availability of the services and encourage the public to utilize the services because of the dangers and harm of tobacco use and dependence.

 

(b) Services to be provided may include, but are not limited to:

 

(1) telephone-based coaching and counseling;

 

(2) referrals;

 

(3) written materials mailed upon request;

 

(4) Web-based texting or e­mail services; and

 

(5) free Food and Drug Administration-approved tobacco cessation medications.

 

(c) Services provided must be consistent with evidence-based best practices in tobacco cessation services.  Services provided must be coordinated with employer, health plan company, and private sector tobacco prevention and cessation services that may be available to individuals depending on their employment or health coverage.

 

Sec. 28.  Minnesota Statutes 2016, section 144.608, subdivision 1, is amended to read:

 

Subdivision 1.  Trauma Advisory Council established.  (a) A Trauma Advisory Council is established to advise, consult with, and make recommendations to the commissioner on the development, maintenance, and improvement of a statewide trauma system.

 

(b) The council shall consist of the following members:

 

(1) a trauma surgeon certified by the American Board of Surgery or the American Osteopathic Board of Surgery who practices in a level I or II trauma hospital;

 

(2) a general surgeon certified by the American Board of Surgery or the American Osteopathic Board of Surgery whose practice includes trauma and who practices in a designated rural area as defined under section 144.1501, subdivision 1, paragraph (e) (f);


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(3) a neurosurgeon certified by the American Board of Neurological Surgery who practices in a level I or II trauma hospital;

 

(4) a trauma program nurse manager or coordinator practicing in a level I or II trauma hospital;

 

(5) an emergency physician certified by the American Board of Emergency Medicine or the American Osteopathic Board of Emergency Medicine whose practice includes emergency room care in a level I, II, III, or IV trauma hospital;

 

(6) a trauma program manager or coordinator who practices in a level III or IV trauma hospital;

 

(7) a physician certified by the American Board of Family Medicine or the American Osteopathic Board of Family Practice whose practice includes emergency department care in a level III or IV trauma hospital located in a designated rural area as defined under section 144.1501, subdivision 1, paragraph (e) (f);

 

(8) a nurse practitioner, as defined under section 144.1501, subdivision 1, paragraph (l) (m), or a physician assistant, as defined under section 144.1501, subdivision 1, paragraph (o) (p), whose practice includes emergency room care in a level IV trauma hospital located in a designated rural area as defined under section 144.1501, subdivision 1, paragraph (e) (f);

 

(9) a physician certified in pediatric emergency medicine by the American Board of Pediatrics or certified in pediatric emergency medicine by the American Board of Emergency Medicine or certified by the American Osteopathic Board of Pediatrics whose practice primarily includes emergency department medical care in a level I, II, III, or IV trauma hospital, or a surgeon certified in pediatric surgery by the American Board of Surgery whose practice involves the care of pediatric trauma patients in a trauma hospital;

 

(10) an orthopedic surgeon certified by the American Board of Orthopaedic Surgery or the American Osteopathic Board of Orthopedic Surgery whose practice includes trauma and who practices in a level I, II, or III trauma hospital;

 

(11) the state emergency medical services medical director appointed by the Emergency Medical Services Regulatory Board;

 

(12) a hospital administrator of a level III or IV trauma hospital located in a designated rural area as defined under section 144.1501, subdivision 1, paragraph (e) (f);

 

(13) a rehabilitation specialist whose practice includes rehabilitation of patients with major trauma injuries or traumatic brain injuries and spinal cord injuries as defined under section 144.661;

 

(14) an attendant or ambulance director who is an EMT, EMT-I, or EMT-P within the meaning of section 144E.001 and who actively practices with a licensed ambulance service in a primary service area located in a designated rural area as defined under section 144.1501, subdivision 1, paragraph (e) (f); and

 

(15) the commissioner of public safety or the commissioner's designee.

 

Sec. 29.  Minnesota Statutes 2016, section 144A.43, subdivision 11, is amended to read:

 

Subd. 11.  Medication administration.  "Medication administration" means performing a set of tasks to ensure a client takes medications, and includes that include the following:

 

(1) checking the client's medication record;


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(2) preparing the medication as necessary;

 

(3) administering the medication to the client;

 

(4) documenting the administration or reason for not administering the medication; and

 

(5) reporting to a registered nurse or appropriate licensed health professional any concerns about the medication, the client, or the client's refusal to take the medication.

 

Sec. 30.  Minnesota Statutes 2016, section 144A.43, is amended by adding a subdivision to read:

 

Subd. 12a.  Medication reconciliation.  "Medication reconciliation" means the process of identifying the most accurate list of all medications the client is taking, including the name, dosage, frequency, and route by comparing the client record to an external list of medications obtained from the client, hospital, prescriber, or other provider.

 

Sec. 31.  Minnesota Statutes 2016, section 144A.43, subdivision 27, is amended to read:

 

Subd. 27.  Service plan agreement.  "Service plan agreement" means the written plan agreement between the client or client's representative and the temporary licensee or licensee about the services that will be provided to the client.

 

Sec. 32.  Minnesota Statutes 2016, section 144A.43, subdivision 30, is amended to read:

 

Subd. 30.  Standby assistance.  "Standby assistance" means the presence of another person within arm's reach to minimize the risk of injury while performing daily activities through physical intervention or cuing to assist a client with an assistive task by providing cues, oversight, and minimal physical assistance.

 

Sec. 33.  Minnesota Statutes 2016, section 144A.472, subdivision 5, is amended to read:

 

Subd. 5.  Transfers prohibited; Changes in ownership.  Any (a) A home care license issued by the commissioner may not be transferred to another party.  Before acquiring ownership of or a controlling interest in a home care provider business, a prospective applicant owner must apply for a new temporary license.  A change of ownership is a transfer of operational control to a different business entity of the home care provider business and includes:

 

(1) transfer of the business to a different or new corporation;

 

(2) in the case of a partnership, the dissolution or termination of the partnership under chapter 323A, with the business continuing by a successor partnership or other entity;

 

(3) relinquishment of control of the provider to another party, including to a contract management firm that is not under the control of the owner of the business' assets;

 

(4) transfer of the business by a sole proprietor to another party or entity; or

 

(5) in the case of a privately held corporation, the change in transfer of ownership or control of 50 percent or more of the outstanding voting stock controlling interest of a home care provider business not covered by clauses (1) to (4).


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(b) An employee who was employed by the previous owner of the home care provider business prior to the effective date of a change in ownership under paragraph (a), and who will be employed by the new owner in the same or a similar capacity, shall be treated as if no change in employer occurred, with respect to orientation, training, tuberculosis testing, background studies, and competency testing and training on the policies identified in subdivision 1, clause (14), and subdivision 2, if applicable.

 

(c) Notwithstanding paragraph (b), a new owner of a home care provider business must ensure that employees of the provider receive and complete training and testing on any provisions of policies that differ from those of the previous owner, within 90 days after the date of the change in ownership.

 

Sec. 34.  Minnesota Statutes 2017 Supplement, section 144A.472, subdivision 7, is amended to read:

 

Subd. 7.  Fees; application, change of ownership, and renewal.  (a) An initial applicant seeking temporary home care licensure must submit the following application fee to the commissioner along with a completed application:

 

(1) for a basic home care provider, $2,100; or

 

(2) for a comprehensive home care provider, $4,200.

 

(b) A home care provider who is filing a change of ownership as required under subdivision 5 must submit the following application fee to the commissioner, along with the documentation required for the change of ownership:

 

(1) for a basic home care provider, $2,100; or

 

(2) for a comprehensive home care provider, $4,200.

 

(c) For the period ending June 30, 2018, a home care provider who is seeking to renew the provider's license shall pay a fee to the commissioner based on revenues derived from the provision of home care services during the calendar year prior to the year in which the application is submitted, according to the following schedule:

 

License Renewal Fee

 

Provider Annual Revenue

Fee         

 

 

 

greater than $1,500,000

$6,625

 

greater than $1,275,000 and no more than $1,500,000

$5,797

 

greater than $1,100,000 and no more than $1,275,000

$4,969

 

greater than $950,000 and no more than $1,100,000

$4,141

 

greater than $850,000 and no more than $950,000

$3,727

 

greater than $750,000 and no more than $850,000

$3,313

 

greater than $650,000 and no more than $750,000

$2,898

 

greater than $550,000 and no more than $650,000

$2,485

 

greater than $450,000 and no more than $550,000

$2,070

 

greater than $350,000 and no more than $450,000

$1,656

 

greater than $250,000 and no more than $350,000

$1,242

 

greater than $100,000 and no more than $250,000

$828

 

greater than $50,000 and no more than $100,000

$500

 

greater than $25,000 and no more than $50,000

$400

 

no more than $25,000

$200

 


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(d) For the period between July 1, 2018, and June 30, 2020, a home care provider who is seeking to renew the provider's license shall pay a fee to the commissioner in an amount that is ten percent higher than the applicable fee in paragraph (c).  A home care provider's fee shall be based on revenues derived from the provision of home care services during the calendar year prior to the year in which the application is submitted.

 

(e) Beginning July 1, 2020, a home care provider who is seeking to renew the provider's license shall pay a fee to the commissioner based on revenues derived from the provision of home care services during the calendar year prior to the year in which the application is submitted, according to the following schedule:

 

License Renewal Fee

 

Provider Annual Revenue

Fee

 

 

greater than $1,500,000

$7,651

 

greater than $1,275,000 and no more than $1,500,000

$6,695

 

greater than $1,100,000 and no more than $1,275,000

$5,739

 

greater than $950,000 and no more than $1,100,000

$4,783

 

greater than $850,000 and no more than $950,000

$4,304

 

greater than $750,000 and no more than $850,000

$3,826

 

greater than $650,000 and no more than $750,000

$3,347

 

greater than $550,000 and no more than $650,000

$2,870

 

greater than $450,000 and no more than $550,000

$2,391

 

greater than $350,000 and no more than $450,000

$1,913

 

greater than $250,000 and no more than $350,000

$1,434

 

greater than $100,000 and no more than $250,000

$957

 

greater than $50,000 and no more than $100,000

$577

 

greater than $25,000 and no more than $50,000

$462

 

no more than $25,000

$231

 

 

(f) If requested, the home care provider shall provide the commissioner information to verify the provider's annual revenues or other information as needed, including copies of documents submitted to the Department of Revenue.

 

(g) At each annual renewal, a home care provider may elect to pay the highest renewal fee for its license category, and not provide annual revenue information to the commissioner.

 

(h) A temporary license or license applicant, or temporary licensee or licensee that knowingly provides the commissioner incorrect revenue amounts for the purpose of paying a lower license fee, shall be subject to a civil penalty in the amount of double the fee the provider should have paid.

 

(i) The fee for failure to comply with the notification requirements of section 144A.473, subdivision 2, paragraph (c), is $1,000.

 

(j) Fees and penalties collected under this section shall be deposited in the state treasury and credited to the state government special revenue fund.  All fees are nonrefundable.  Fees collected under paragraphs (c), (d), and (e) are nonrefundable even if received before July 1, 2017, for temporary licenses or licenses being issued effective July 1, 2017, or later.


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Sec. 35.  Minnesota Statutes 2016, section 144A.473, is amended to read:

 

144A.473 ISSUANCE OF TEMPORARY LICENSE AND LICENSE RENEWAL.

 

Subdivision 1.  Temporary license and renewal of license.  (a) The department shall review each application to determine the applicant's knowledge of and compliance with Minnesota home care regulations.  Before granting a temporary license or renewing a license, the commissioner may further evaluate the applicant or licensee by requesting additional information or documentation or by conducting an on-site survey of the applicant to determine compliance with sections 144A.43 to 144A.482.

 

(b) Within 14 calendar days after receiving an application for a license, the commissioner shall acknowledge receipt of the application in writing.  The acknowledgment must indicate whether the application appears to be complete or whether additional information is required before the application will be considered complete.

 

(c) Within 90 days after receiving a complete application, the commissioner shall issue a temporary license, renew the license, or deny the license.

 

(d) The commissioner shall issue a license that contains the home care provider's name, address, license level, expiration date of the license, and unique license number.  All licenses, except for temporary licenses issued under subdivision 2, are valid for up to one year from the date of issuance.

 

Subd. 2.  Temporary license.  (a) For new license applicants, the commissioner shall issue a temporary license for either the basic or comprehensive home care level.  A temporary license is effective for up to one year from the date of issuance, except that a temporary license may be extended according to subdivision 3.  Temporary licensees must comply with sections 144A.43 to 144A.482.

 

(b) During the temporary license year period, the commissioner shall survey the temporary licensee within 90 calendar days after the commissioner is notified or has evidence that the temporary licensee is providing home care services.

 

(c) Within five days of beginning the provision of services, the temporary licensee must notify the commissioner that it is serving clients.  The notification to the commissioner may be mailed or e­mailed to the commissioner at the address provided by the commissioner.  If the temporary licensee does not provide home care services during the temporary license year period, then the temporary license expires at the end of the year period and the applicant must reapply for a temporary home care license.

 

(d) A temporary licensee may request a change in the level of licensure prior to being surveyed and granted a license by notifying the commissioner in writing and providing additional documentation or materials required to update or complete the changed temporary license application.  The applicant must pay the difference between the application fees when changing from the basic level to the comprehensive level of licensure.  No refund will be made if the provider chooses to change the license application to the basic level.

 

(e) If the temporary licensee notifies the commissioner that the licensee has clients within 45 days prior to the temporary license expiration, the commissioner may extend the temporary license for up to 60 days in order to allow the commissioner to complete the on-site survey required under this section and follow-up survey visits.

 

Subd. 3.  Temporary licensee survey.  (a) If the temporary licensee is in substantial compliance with the survey, the commissioner shall issue either a basic or comprehensive home care license.  If the temporary licensee is not in substantial compliance with the survey, the commissioner shall either:  (1) not issue a basic or comprehensive license and there will be no contested hearing right under chapter 14 terminate the temporary license; or (2) extend the temporary license for a period not to exceed 90 days and apply conditions, as permitted under section 144A.475,


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subdivision 2, to the extension of a temporary license.  If the temporary licensee is not in substantial compliance with the survey within the time period of the extension, or if the temporary licensee does not satisfy the license conditions, the commissioner may deny the license.

 

(b) If the temporary licensee whose basic or comprehensive license has been denied or extended with conditions disagrees with the conclusions of the commissioner, then the temporary licensee may request a reconsideration by the commissioner or commissioner's designee.  The reconsideration request process must be conducted internally by the commissioner or commissioner's designee, and chapter 14 does not apply.

 

(c) The temporary licensee requesting reconsideration must make the request in writing and must list and describe the reasons why the temporary licensee disagrees with the decision to deny the basic or comprehensive home care license or the decision to extend the temporary license with conditions.

 

(d) The reconsideration request and supporting documentation must be received by the commissioner within 15 calendar days after the date the temporary licensee receives the correction order.

 

(e) A temporary licensee whose license is denied, is permitted to continue operating as a home care provider during the period of time when:

 

(1) a reconsideration request is in process;

 

(2) an extension of a temporary license is being negotiated;

 

(3) the placement of conditions on a temporary license is being negotiated; or

 

(4) a transfer of home care clients from the temporary licensee to a new home care provider is in process.

 

(f) A temporary licensee whose license is denied must comply with the requirements for notification and transfer of clients in section 144A.475, subdivision 5.

 

Sec. 36.  Minnesota Statutes 2016, section 144A.474, subdivision 2, is amended to read:

 

Subd. 2.  Types of home care surveys.  (a) "Initial full survey" means the survey of a new temporary licensee conducted after the department is notified or has evidence that the temporary licensee is providing home care services to determine if the provider is in compliance with home care requirements.  Initial full surveys must be completed within 14 months after the department's issuance of a temporary basic or comprehensive license.

 

(b) "Change in ownership survey" means a full survey of a new licensee due to a change in ownership.  Change in ownership surveys must be completed within six months after the department's issuance of a new license due to a change in ownership.

 

(c) "Core survey" means periodic inspection of home care providers to determine ongoing compliance with the home care requirements, focusing on the essential health and safety requirements.  Core surveys are available to licensed home care providers who have been licensed for three years and surveyed at least once in the past three years with the latest survey having no widespread violations beyond Level 1 as provided in subdivision 11.  Providers must also not have had any substantiated licensing complaints, substantiated complaints against the agency under the Vulnerable Adults Act or Maltreatment of Minors Act, or an enforcement action as authorized in section 144A.475 in the past three years.


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(1) The core survey for basic home care providers must review compliance in the following areas:

 

(i) reporting of maltreatment;

 

(ii) orientation to and implementation of the home care bill of rights;

 

(iii) statement of home care services;

 

(iv) initial evaluation of clients and initiation of services;

 

(v) client review and monitoring;

 

(vi) service plan agreement implementation and changes to the service plan agreement;

 

(vii) client complaint and investigative process;

 

(viii) competency of unlicensed personnel; and

 

(ix) infection control.

 

(2) For comprehensive home care providers, the core survey must include everything in the basic core survey plus these areas:

 

(i) delegation to unlicensed personnel;

 

(ii) assessment, monitoring, and reassessment of clients; and

 

(iii) medication, treatment, and therapy management.

 

(c) (d) "Full survey" means the periodic inspection of home care providers to determine ongoing compliance with the home care requirements that cover the core survey areas and all the legal requirements for home care providers.  A full survey is conducted for all temporary licensees and, for licensees that receive licenses due to an approved change in ownership, for providers who do not meet the requirements needed for a core survey, and when a surveyor identifies unacceptable client health or safety risks during a core survey.  A full survey must include all the tasks identified as part of the core survey and any additional review deemed necessary by the department, including additional observation, interviewing, or records review of additional clients and staff.

 

(d) (e) "Follow-up surveys" means surveys conducted to determine if a home care provider has corrected deficient issues and systems identified during a core survey, full survey, or complaint investigation.  Follow-up surveys may be conducted via phone, e­mail, fax, mail, or on-site reviews.  Follow-up surveys, other than complaint surveys, shall be concluded with an exit conference and written information provided on the process for requesting a reconsideration of the survey results.

 

(e) (f) Upon receiving information alleging that a home care provider has violated or is currently violating a requirement of sections 144A.43 to 144A.482, the commissioner shall investigate the complaint according to sections 144A.51 to 144A.54.


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Sec. 37.  Minnesota Statutes 2016, section 144A.475, subdivision 1, is amended to read:

 

Subdivision 1.  Conditions.  (a) The commissioner may refuse to grant a temporary license, refuse to grant a license as a result of a change in ownership, refuse to renew a license, suspend or revoke a license, or impose a conditional license if the home care provider or owner or managerial official of the home care provider:

 

(1) is in violation of, or during the term of the license has violated, any of the requirements in sections 144A.471 to 144A.482;

 

(2) permits, aids, or abets the commission of any illegal act in the provision of home care;

 

(3) performs any act detrimental to the health, safety, and welfare of a client;

 

(4) obtains the license by fraud or misrepresentation;

 

(5) knowingly made or makes a false statement of a material fact in the application for a license or in any other record or report required by this chapter;

 

(6) denies representatives of the department access to any part of the home care provider's books, records, files, or employees;

 

(7) interferes with or impedes a representative of the department in contacting the home care provider's clients;

 

(8) interferes with or impedes a representative of the department in the enforcement of this chapter or has failed to fully cooperate with an inspection, survey, or investigation by the department;

 

(9) destroys or makes unavailable any records or other evidence relating to the home care provider's compliance with this chapter;

 

(10) refuses to initiate a background study under section 144.057 or 245A.04;

 

(11) fails to timely pay any fines assessed by the department;

 

(12) violates any local, city, or township ordinance relating to home care services;

 

(13) has repeated incidents of personnel performing services beyond their competency level; or

 

(14) has operated beyond the scope of the home care provider's license level.

 

(b) A violation by a contractor providing the home care services of the home care provider is a violation by the home care provider.

 

Sec. 38.  Minnesota Statutes 2016, section 144A.475, subdivision 2, is amended to read:

 

Subd. 2.  Terms to suspension or conditional license.  (a) A suspension or conditional license designation may include terms that must be completed or met before a suspension or conditional license designation is lifted.  A conditional license designation may include restrictions or conditions that are imposed on the provider.  Terms for a suspension or conditional license may include one or more of the following and the scope of each will be determined by the commissioner:


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(1) requiring a consultant to review, evaluate, and make recommended changes to the home care provider's practices and submit reports to the commissioner at the cost of the home care provider;

 

(2) requiring supervision of the home care provider or staff practices at the cost of the home care provider by an unrelated person who has sufficient knowledge and qualifications to oversee the practices and who will submit reports to the commissioner;

 

(3) requiring the home care provider or employees to obtain training at the cost of the home care provider;

 

(4) requiring the home care provider to submit reports to the commissioner;

 

(5) prohibiting the home care provider from taking any new clients for a period of time; or

 

(6) any other action reasonably required to accomplish the purpose of this subdivision and section 144A.45, subdivision 2.

 

(b) A home care provider subject to this subdivision may continue operating during the period of time home care clients are being transferred to other providers.

 

Sec. 39.  Minnesota Statutes 2016, section 144A.475, subdivision 5, is amended to read:

 

Subd. 5.  Plan required.  (a) The process of suspending or revoking a license must include a plan for transferring affected clients to other providers by the home care provider, which will be monitored by the commissioner.  Within three business days of being notified of the final revocation or suspension action, the home care provider shall provide the commissioner, the lead agencies as defined in section 256B.0911, and the ombudsman for long-term care with the following information:

 

(1) a list of all clients, including full names and all contact information on file;

 

(2) a list of each client's representative or emergency contact person, including full names and all contact information on file;

 

(3) the location or current residence of each client;

 

(4) the payor sources for each client, including payor source identification numbers; and

 

(5) for each client, a copy of the client's service plan, and a list of the types of services being provided.

 

(b) The revocation or suspension notification requirement is satisfied by mailing the notice to the address in the license record.  The home care provider shall cooperate with the commissioner and the lead agencies during the process of transferring care of clients to qualified providers.  Within three business days of being notified of the final revocation or suspension action, the home care provider must notify and disclose to each of the home care provider's clients, or the client's representative or emergency contact persons, that the commissioner is taking action against the home care provider's license by providing a copy of the revocation or suspension notice issued by the commissioner.

 

(c) A home care provider subject to this subdivision may continue operating during the period of time home care clients are being transferred to other providers.


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Sec. 40.  Minnesota Statutes 2016, section 144A.476, subdivision 1, is amended to read:

 

Subdivision 1.  Prior criminal convictions; owner and managerial officials.  (a) Before the commissioner issues a temporary license, issues a license as a result of an approved change in ownership, or renews a license, an owner or managerial official is required to complete a background study under section 144.057.  No person may be involved in the management, operation, or control of a home care provider if the person has been disqualified under chapter 245C.  If an individual is disqualified under section 144.057 or chapter 245C, the individual may request reconsideration of the disqualification.  If the individual requests reconsideration and the commissioner sets aside or rescinds the disqualification, the individual is eligible to be involved in the management, operation, or control of the provider.  If an individual has a disqualification under section 245C.15, subdivision 1, and the disqualification is affirmed, the individual's disqualification is barred from a set aside, and the individual must not be involved in the management, operation, or control of the provider.

 

(b) For purposes of this section, owners of a home care provider subject to the background check requirement are those individuals whose ownership interest provides sufficient authority or control to affect or change decisions related to the operation of the home care provider.  An owner includes a sole proprietor, a general partner, or any other individual whose individual ownership interest can affect the management and direction of the policies of the home care provider.

 

(c) For the purposes of this section, managerial officials subject to the background check requirement are individuals who provide direct contact as defined in section 245C.02, subdivision 11, or individuals who have the responsibility for the ongoing management or direction of the policies, services, or employees of the home care provider.  Data collected under this subdivision shall be classified as private data on individuals under section 13.02, subdivision 12.

 

(d) The department shall not issue any license if the applicant or owner or managerial official has been unsuccessful in having a background study disqualification set aside under section 144.057 and chapter 245C; if the owner or managerial official, as an owner or managerial official of another home care provider, was substantially responsible for the other home care provider's failure to substantially comply with sections 144A.43 to 144A.482; or if an owner that has ceased doing business, either individually or as an owner of a home care provider, was issued a correction order for failing to assist clients in violation of this chapter.

 

Sec. 41.  Minnesota Statutes 2016, section 144A.479, subdivision 7, is amended to read:

 

Subd. 7.  Employee records.  The home care provider must maintain current records of each paid employee, regularly scheduled volunteers providing home care services, and of each individual contractor providing home care services.  The records must include the following information:

 

(1) evidence of current professional licensure, registration, or certification, if licensure, registration, or certification is required by this statute or other rules;

 

(2) records of orientation, required annual training and infection control training, and competency evaluations;

 

(3) current job description, including qualifications, responsibilities, and identification of staff providing supervision;

 

(4) documentation of annual performance reviews which identify areas of improvement needed and training needs;

 

(5) for individuals providing home care services, verification that required any health screenings required by infection control programs established under section 144A.4798 have taken place and the dates of those screenings; and


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(6) documentation of the background study as required under section 144.057.

 

Each employee record must be retained for at least three years after a paid employee, home care volunteer, or contractor ceases to be employed by or under contract with the home care provider.  If a home care provider ceases operation, employee records must be maintained for three years.

 

Sec. 42.  Minnesota Statutes 2016, section 144A.4791, subdivision 1, is amended to read:

 

Subdivision 1.  Home care bill of rights; notification to client.  (a) The home care provider shall provide the client or the client's representative a written notice of the rights under section 144A.44 before the initiation of date that services are first provided to that client.  The provider shall make all reasonable efforts to provide notice of the rights to the client or the client's representative in a language the client or client's representative can understand.

 

(b) In addition to the text of the home care bill of rights in section 144A.44, subdivision 1, the notice shall also contain the following statement describing how to file a complaint with these offices.

 

"If you have a complaint about the provider or the person providing your home care services, you may call, write, or visit the Office of Health Facility Complaints, Minnesota Department of Health.  You may also contact the Office of Ombudsman for Long-Term Care or the Office of Ombudsman for Mental Health and Developmental Disabilities."

 

The statement should include the telephone number, Web site address, e­mail address, mailing address, and street address of the Office of Health Facility Complaints at the Minnesota Department of Health, the Office of the Ombudsman for Long-Term Care, and the Office of the Ombudsman for Mental Health and Developmental Disabilities.  The statement should also include the home care provider's name, address, e­mail, telephone number, and name or title of the person at the provider to whom problems or complaints may be directed.  It must also include a statement that the home care provider will not retaliate because of a complaint.

 

(c) The home care provider shall obtain written acknowledgment of the client's receipt of the home care bill of rights or shall document why an acknowledgment cannot be obtained.  The acknowledgment may be obtained from the client or the client's representative.  Acknowledgment of receipt shall be retained in the client's record.

 

Sec. 43.  Minnesota Statutes 2016, section 144A.4791, subdivision 3, is amended to read:

 

Subd. 3.  Statement of home care services.  Prior to the initiation of date that services are first provided to the client, a home care provider must provide to the client or the client's representative a written statement which identifies if the provider has a basic or comprehensive home care license, the services the provider is authorized to provide, and which services the provider cannot provide under the scope of the provider's license.  The home care provider shall obtain written acknowledgment from the clients that the provider has provided the statement or must document why the provider could not obtain the acknowledgment.

 

Sec. 44.  Minnesota Statutes 2016, section 144A.4791, subdivision 6, is amended to read:

 

Subd. 6.  Initiation of services.  When a provider initiates provides home care services and to a client before the individualized review or assessment by a licensed health professional or registered nurse as required in subdivisions 7 and 8 has not been is completed, the provider licensed health professional or registered nurse must complete a temporary plan and agreement with the client for services and orient staff assigned to deliver services as identified in the temporary plan.


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Sec. 45.  Minnesota Statutes 2016, section 144A.4791, subdivision 7, is amended to read:

 

Subd. 7.  Basic individualized client review and monitoring.  (a) When services being provided are basic home care services, an individualized initial review of the client's needs and preferences must be conducted at the client's residence with the client or client's representative.  This initial review must be completed within 30 days after the initiation of the date that home care services are first provided.

 

(b) Client monitoring and review must be conducted as needed based on changes in the needs of the client and cannot exceed 90 days from the date of the last review.  The monitoring and review may be conducted at the client's residence or through the utilization of telecommunication methods based on practice standards that meet the individual client's needs.

 

Sec. 46.  Minnesota Statutes 2016, section 144A.4791, subdivision 8, is amended to read:

 

Subd. 8.  Comprehensive assessment, monitoring, and reassessment.  (a) When the services being provided are comprehensive home care services, an individualized initial assessment must be conducted in person by a registered nurse.  When the services are provided by other licensed health professionals, the assessment must be conducted by the appropriate health professional.  This initial assessment must be completed within five days after initiation of the date that home care services are first provided.

 

(b) Client monitoring and reassessment must be conducted in the client's home no more than 14 days after initiation of the date that home care services are first provided.

 

(c) Ongoing client monitoring and reassessment must be conducted as needed based on changes in the needs of the client and cannot exceed 90 days from the last date of the assessment.  The monitoring and reassessment may be conducted at the client's residence or through the utilization of telecommunication methods based on practice standards that meet the individual client's needs.

 

Sec. 47.  Minnesota Statutes 2016, section 144A.4791, subdivision 9, is amended to read:

 

Subd. 9.  Service plan agreement, implementation, and revisions to service plan agreement.  (a) No later than 14 days after the initiation of date that home care services are first provided, a home care provider shall finalize a current written service plan agreement.

 

(b) The service plan agreement and any revisions must include a signature or other authentication by the home care provider and by the client or the client's representative documenting agreement on the services to be provided.  The service plan agreement must be revised, if needed, based on client review or reassessment under subdivisions 7 and 8.  The provider must provide information to the client about changes to the provider's fee for services and how to contact the Office of the Ombudsman for Long-Term Care.

 

(c) The home care provider must implement and provide all services required by the current service plan agreement.

 

(d) The service plan agreement and revised service plan agreement must be entered into the client's record, including notice of a change in a client's fees when applicable.

 

(e) Staff providing home care services must be informed of the current written service plan agreement.

 

(f) The service plan agreement must include:


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(1) a description of the home care services to be provided, the fees for services, and the frequency of each service, according to the client's current review or assessment and client preferences;

 

(2) the identification of the staff or categories of staff who will provide the services;

 

(3) the schedule and methods of monitoring reviews or assessments of the client;

 

(4) the frequency of sessions of supervision of staff and type of personnel who will supervise staff; and the schedule and methods of monitoring staff providing home care services; and

 

(5) a contingency plan that includes:

 

(i) the action to be taken by the home care provider and by the client or client's representative if the scheduled service cannot be provided;

 

(ii) information and a method for a client or client's representative to contact the home care provider;

 

(iii) names and contact information of persons the client wishes to have notified in an emergency or if there is a significant adverse change in the client's condition, including identification of and information as to who has authority to sign for the client in an emergency; and

 

(iv) the circumstances in which emergency medical services are not to be summoned consistent with chapters 145B and 145C, and declarations made by the client under those chapters.

 

Sec. 48.  Minnesota Statutes 2016, section 144A.4792, subdivision 1, is amended to read:

 

Subdivision 1.  Medication management services; comprehensive home care license.  (a) This subdivision applies only to home care providers with a comprehensive home care license that provide medication management services to clients.  Medication management services may not be provided by a home care provider who has a basic home care license.

 

(b) A comprehensive home care provider who provides medication management services must develop, implement, and maintain current written medication management policies and procedures.  The policies and procedures must be developed under the supervision and direction of a registered nurse, licensed health professional, or pharmacist consistent with current practice standards and guidelines.

 

(c) The written policies and procedures must address requesting and receiving prescriptions for medications; preparing and giving medications; verifying that prescription drugs are administered as prescribed; documenting medication management activities; controlling and storing medications; monitoring and evaluating medication use; resolving medication errors; communicating with the prescriber, pharmacist, and client and client representative, if any; disposing of unused medications; and educating clients and client representatives about medications.  When controlled substances are being managed, stored, and secured by the comprehensive home care provider, the policies and procedures must also identify how the provider will ensure security and accountability for the overall management, control, and disposition of those substances in compliance with state and federal regulations and with subdivision 22.

 

Sec. 49.  Minnesota Statutes 2016, section 144A.4792, subdivision 2, is amended to read:

 

Subd. 2.  Provision of medication management services.  (a) For each client who requests medication management services, the comprehensive home care provider shall, prior to providing medication management services, have a registered nurse, licensed health professional, or authorized prescriber under section 151.37 conduct


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an assessment to determine what medication management services will be provided and how the services will be provided.  This assessment must be conducted face-to-face with the client.  The assessment must include an identification and review of all medications the client is known to be taking.  The review and identification must include indications for medications, side effects, contraindications, allergic or adverse reactions, and actions to address these issues.

 

(b) The assessment must:

 

(1) identify interventions needed in management of medications to prevent diversion of medication by the client or others who may have access to the medications.; and

 

(2) provide instructions to the client or client's representative on interventions to manage the client's medications and prevent diversion of medications.

 

"Diversion of medications" means the misuse, theft, or illegal or improper disposition of medications.

 

Sec. 50.  Minnesota Statutes 2016, section 144A.4792, subdivision 5, is amended to read:

 

Subd. 5.  Individualized medication management plan.  (a) For each client receiving medication management services, the comprehensive home care provider must prepare and include in the service plan agreement a written statement of the medication management services that will be provided to the client.  The provider must develop and maintain a current individualized medication management record for each client based on the client's assessment that must contain the following:

 

(1) a statement describing the medication management services that will be provided;

 

(2) a description of storage of medications based on the client's needs and preferences, risk of diversion, and consistent with the manufacturer's directions;

 

(3) documentation of specific client instructions relating to the administration of medications;

 

(4) identification of persons responsible for monitoring medication supplies and ensuring that medication refills are ordered on a timely basis;

 

(5) identification of medication management tasks that may be delegated to unlicensed personnel;

 

(6) procedures for staff notifying a registered nurse or appropriate licensed health professional when a problem arises with medication management services; and

 

(7) any client-specific requirements relating to documenting medication administration, verifications that all medications are administered as prescribed, and monitoring of medication use to prevent possible complications or adverse reactions.

 

(b) The medication management record must be current and updated when there are any changes.

 

(c) Medication reconciliation must be completed when a licensed nurse, licensed health professional, or authorized prescriber is providing medication management.


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Sec. 51.  Minnesota Statutes 2016, section 144A.4792, subdivision 10, is amended to read:

 

Subd. 10.  Medication management for clients who will be away from home.  (a) A home care provider who is providing medication management services to the client and controls the client's access to the medications must develop and implement policies and procedures for giving accurate and current medications to clients for planned or unplanned times away from home according to the client's individualized medication management plan.  The policy and procedures must state that:

 

(1) for planned time away, the medications must be obtained from the pharmacy or set up by the registered a licensed nurse according to appropriate state and federal laws and nursing standards of practice;

 

(2) for unplanned time away, when the pharmacy is not able to provide the medications, a licensed nurse or unlicensed personnel shall give the client or client's representative medications in amounts and dosages needed for the length of the anticipated absence, not to exceed 120 hours seven calendar days;

 

(3) the client or client's representative must be provided written information on medications, including any special instructions for administering or handling the medications, including controlled substances;

 

(4) the medications must be placed in a medication container or containers appropriate to the provider's medication system and must be labeled with the client's name and the dates and times that the medications are scheduled; and

 

(5) the client or client's representative must be provided in writing the home care provider's name and information on how to contact the home care provider.

 

(b) For unplanned time away when the licensed nurse is not available, the registered nurse may delegate this task to unlicensed personnel if:

 

(1) the registered nurse has trained the unlicensed staff and determined the unlicensed staff is competent to follow the procedures for giving medications to clients; and

 

(2) the registered nurse has developed written procedures for the unlicensed personnel, including any special instructions or procedures regarding controlled substances that are prescribed for the client.  The procedures must address:

 

(i) the type of container or containers to be used for the medications appropriate to the provider's medication system;

 

(ii) how the container or containers must be labeled;

 

(iii) the written information about the medications to be given to the client or client's representative;

 

(iv) how the unlicensed staff must document in the client's record that medications have been given to the client or the client's representative, including documenting the date the medications were given to the client or the client's representative and who received the medications, the person who gave the medications to the client, the number of medications that were given to the client, and other required information;

 

(v) how the registered nurse shall be notified that medications have been given to the client or client's representative and whether the registered nurse needs to be contacted before the medications are given to the client or the client's representative; and


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(vi) a review by the registered nurse of the completion of this task to verify that this task was completed accurately by the unlicensed personnel.; and

 

(vii) how the unlicensed staff must document in the client's record any unused medications that are returned to the provider, including the name of each medication and the doses of each returned medication.

 

Sec. 52.  Minnesota Statutes 2016, section 144A.4793, subdivision 6, is amended to read:

 

Subd. 6.  Treatment and therapy orders or prescriptions.  There must be an up-to-date written or electronically recorded order or prescription from an authorized prescriber for all treatments and therapies.  The order must contain the name of the client, a description of the treatment or therapy to be provided, and the frequency, duration, and other information needed to administer the treatment or therapy.  Treatment and therapy orders must be renewed at least every 12 months.

 

Sec. 53.  Minnesota Statutes 2017 Supplement, section 144A.4796, subdivision 2, is amended to read:

 

Subd. 2.  Content.  (a) The orientation must contain the following topics:

 

(1) an overview of sections 144A.43 to 144A.4798;

 

(2) introduction and review of all the provider's policies and procedures related to the provision of home care services by the individual staff person;

 

(3) handling of emergencies and use of emergency services;

 

(4) compliance with and reporting of the maltreatment of minors or vulnerable adults under sections 626.556 and 626.557;

 

(5) home care bill of rights under section 144A.44;

 

(6) handling of clients' complaints, reporting of complaints, and where to report complaints including information on the Office of Health Facility Complaints and the Common Entry Point;

 

(7) consumer advocacy services of the Office of Ombudsman for Long-Term Care, Office of Ombudsman for Mental Health and Developmental Disabilities, Managed Care Ombudsman at the Department of Human Services, county managed care advocates, or other relevant advocacy services; and

 

(8) review of the types of home care services the employee will be providing and the provider's scope of licensure.

 

(b) In addition to the topics listed in paragraph (a), orientation may also contain training on providing services to clients with hearing loss.  Any training on hearing loss provided under this subdivision must be high quality and research-based, may include online training, and must include training on one or more of the following topics:

 

(1) an explanation of age-related hearing loss and how it manifests itself, its prevalence, and challenges it poses to communication;

 

(2) health impacts related to untreated age-related hearing loss, such as increased incidence of dementia, falls, hospitalizations, isolation, and depression; or


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(3) information about strategies and technology that may enhance communication and involvement, including communication strategies, assistive listening devices, hearing aids, visual and tactile alerting devices, communication access in real time, and closed captions.

 

Sec. 54.  Minnesota Statutes 2016, section 144A.4797, subdivision 3, is amended to read:

 

Subd. 3.  Supervision of staff providing delegated nursing or therapy home care tasks.  (a) Staff who perform delegated nursing or therapy home care tasks must be supervised by an appropriate licensed health professional or a registered nurse periodically where the services are being provided to verify that the work is being performed competently and to identify problems and solutions related to the staff person's ability to perform the tasks.  Supervision of staff performing medication or treatment administration shall be provided by a registered nurse or appropriate licensed health professional and must include observation of the staff administering the medication or treatment and the interaction with the client.

 

(b) The direct supervision of staff performing delegated tasks must be provided within 30 days after the date on which the individual begins working for the home care provider and first performs delegated tasks for clients and thereafter as needed based on performance.  This requirement also applies to staff who have not performed delegated tasks for one year or longer.

 

Sec. 55.  Minnesota Statutes 2016, section 144A.4798, is amended to read:

 

144A.4798 EMPLOYEE HEALTH STATUS DISEASE PREVENTION AND INFECTION CONTROL.

 

Subdivision 1.  Tuberculosis (TB) prevention and infection control.  (a) A home care provider must establish and maintain a TB prevention and comprehensive tuberculosis infection control program based on according to the most current tuberculosis infection control guidelines issued by the United States Centers for Disease Control and Prevention (CDC), Division of Tuberculosis Elimination, as published in the CDC's Morbidity and Mortality Weekly Report.  Components of a TB prevention and control program include screening all staff providing home care services, both paid and unpaid, at the time of hire for active TB disease and latent TB infection, and developing and implementing a written TB infection control plan.  The commissioner shall make the most recent CDC standards available to home care providers on the department's Web site.  This program must include a tuberculosis infection control plan that covers all paid and unpaid employees, contractors, students, and volunteers.  The commissioner shall provide technical assistance regarding implementation of the guidelines.

 

(b) Written evidence of compliance with this subdivision must be maintained by the home care provider.

 

Subd. 2.  Communicable diseases.  A home care provider must follow current federal or state guidelines state requirements for prevention, control, and reporting of human immunodeficiency virus (HIV), hepatitis B virus (HBV), hepatitis C virus, or other communicable diseases as defined in Minnesota Rules, part parts 4605.7040, 4605.7044, 4605.7050, 4605.7075, 4605.7080, and 4605.7090.

 

Subd. 3.  Infection control program.  A home care provider must establish and maintain an effective infection control program that complies with accepted health care, medical, and nursing standards for infection control.

 

Sec. 56.  Minnesota Statutes 2016, section 144A.4799, subdivision 1, is amended to read:

 

Subdivision 1.  Membership.  The commissioner of health shall appoint eight persons to a home care and assisted living program advisory council consisting of the following:

 

(1) three public members as defined in section 214.02 who shall be either persons who are currently receiving home care services or, persons who have received home care services within five years of the application date, persons who have family members receiving home care services, or persons who have family members who have received home care services within five years of the application date;


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(2) three Minnesota home care licensees representing basic and comprehensive levels of licensure who may be a managerial official, an administrator, a supervising registered nurse, or an unlicensed personnel performing home care tasks;

 

(3) one member representing the Minnesota Board of Nursing; and

 

(4) one member representing the Office of Ombudsman for Long-Term Care.

 

Sec. 57.  Minnesota Statutes 2017 Supplement, section 144A.4799, subdivision 3, is amended to read:

 

Subd. 3.  Duties.  (a) At the commissioner's request, the advisory council shall provide advice regarding regulations of Department of Health licensed home care providers in this chapter, including advice on the following:

 

(1) community standards for home care practices;

 

(2) enforcement of licensing standards and whether certain disciplinary actions are appropriate;

 

(3) ways of distributing information to licensees and consumers of home care;

 

(4) training standards;

 

(5) identifying emerging issues and opportunities in the home care field, including and assisted living;

 

(6) identifying the use of technology in home and telehealth capabilities;

 

(6) (7) allowable home care licensing modifications and exemptions, including a method for an integrated license with an existing license for rural licensed nursing homes to provide limited home care services in an adjacent independent living apartment building owned by the licensed nursing home; and

 

(7) (8) recommendations for studies using the data in section 62U.04, subdivision 4, including but not limited to studies concerning costs related to dementia and chronic disease among an elderly population over 60 and additional long-term care costs, as described in section 62U.10, subdivision 6.

 

(b) The advisory council shall perform other duties as directed by the commissioner.

 

(c) The advisory council shall annually review the balance of the account in the state government special revenue fund described in section 144A.474, subdivision 11, paragraph (i), and make annual recommendations by January 15 directly to the chairs and ranking minority members of the legislative committees with jurisdiction over health and human services regarding appropriations to the commissioner for the purposes in section 144A.474, subdivision 11, paragraph (i).

 

Sec. 58.  Minnesota Statutes 2016, section 144A.484, subdivision 1, is amended to read:

 

Subdivision 1.  Integrated licensing established.  (a) From January 1, 2014, to June 30, 2015, the commissioner of health shall enforce the home and community-based services standards under chapter 245D for those providers who also have a home care license pursuant to this chapter as required under Laws 2013, chapter 108, article 8, section 60, and article 11, section 31.  During this period, the commissioner shall provide technical assistance to achieve and maintain compliance with applicable law or rules governing the provision of home and community-based services, including complying with the service recipient rights notice in subdivision 4, clause (4).  If during the survey, the commissioner finds that the licensee has failed to achieve compliance with an applicable law or rule under chapter 245D and this failure does not imminently endanger the health, safety, or rights of the persons served by the program, the commissioner may issue a licensing survey report with recommendations for achieving and maintaining compliance.


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(b) Beginning July 1, 2015, A home care provider applicant or license holder may apply to the commissioner of health for a home and community-based services designation for the provision of basic support services identified under section 245D.03, subdivision 1, paragraph (b).  The designation allows the license holder to provide basic support services that would otherwise require licensure under chapter 245D, under the license holder's home care license governed by sections 144A.43 to 144A.481 144A.4799.

 

Sec. 59.  Minnesota Statutes 2016, section 144E.16, is amended by adding a subdivision to read:

 

Subd. 9.  Rules authorizing patient-assisted medication administration.  (a) The board shall adopt rules authorizing EMTs, AEMTs, and paramedics certified under section 144E.28 to assist a patient, in emergency situations, with administering prescription medications that are:

 

(1) carried by a patient;

 

(2) intended to treat adrenal insufficiency or another rare but previously diagnosed condition that requires emergency treatment with a previously prescribed medication;

 

(3) intended to treat a specific life-threatening condition; and

 

(4) administered via routes of delivery that are within the skill set of the EMT, AEMT, or paramedic.

 

(b) EMTs, AEMTs, and paramedics assisting a patient with medication administration according to the rules adopted under this subdivision may do so only under the authority of guidelines approved by the ambulance service medical director or under direct medical control.

 

Sec. 60.  Minnesota Statutes 2016, section 144E.16, is amended by adding a subdivision to read:

 

Subd. 10.  Rules establishing standards for communication with patients regarding need for emergency medical services.  The board shall adopt rules to establish guidelines for ambulance services to communicate with a patient in the service area of the ambulance service, and with the patient's caregivers, concerning the patient's health condition, the likelihood that the patient will need emergency medical services, and how to collaboratively develop emergency medical services care plans to meet the patient's needs.

 

Sec. 61.  Minnesota Statutes 2017 Supplement, section 144H.01, subdivision 5, is amended to read:

 

Subd. 5.  Medically complex or technologically dependent child.  "Medically complex or technologically dependent child" means a child under 21 years of age who, because of a medical condition, requires continuous therapeutic interventions or skilled nursing supervision which must be prescribed by a licensed physician and administered by, or under the direct supervision of, a licensed registered nurse meets the criteria for medical complexity described in the federally approved community alternative care waiver.

 

Sec. 62.  Minnesota Statutes 2017 Supplement, section 144H.04, subdivision 1, is amended to read:

 

Subdivision 1.  Licenses.  (a) A person seeking licensure for a PPEC center must submit a completed application for licensure to the commissioner, in a form and manner determined by the commissioner.  The applicant must also submit the application fee, in the amount specified in section 144H.05, subdivision 1.  Effective For the period January 1, 2019, through December 31, 2020, the commissioner shall issue licenses for no more than two PPEC centers according to the requirements in the phase-in of licensure of prescribed pediatric extended care centers in section 88.  Beginning January 1, 2018 2021, the commissioner shall issue a license for a PPEC center if the commissioner determines that the applicant and center meet the requirements of this chapter and rules that apply to PPEC centers.  A license issued under this subdivision is valid for two years.


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(b) The commissioner may limit issuance of PPEC center licenses to PPEC centers located in areas of the state with a demonstrated home care worker shortage.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 63.  Minnesota Statutes 2016, section 145.56, subdivision 2, is amended to read:

 

Subd. 2.  Community-based programs.  To the extent funds are appropriated for the purposes of this subdivision, the commissioner shall establish a grant program to fund:

 

(1) community-based programs to provide education, outreach, and advocacy services to populations who may be at risk for suicide;

 

(2) community-based programs that educate community helpers and gatekeepers, such as family members, spiritual leaders, coaches, and business owners, employers, and coworkers on how to prevent suicide by encouraging help-seeking behaviors;

 

(3) community-based programs that educate populations at risk for suicide and community helpers and gatekeepers that must include information on the symptoms of depression and other psychiatric illnesses, the warning signs of suicide, skills for preventing suicides, and making or seeking effective referrals to intervention and community resources;

 

(4) community-based programs to provide evidence-based suicide prevention and intervention education to school staff, parents, and students in grades kindergarten through 12, and for students attending Minnesota colleges and universities;

 

(5) community-based programs to provide evidence-based suicide prevention and intervention to public school nurses, teachers, administrators, coaches, school social workers, peace officers, firefighters, emergency medical technicians, advanced emergency medical technicians, paramedics, primary care providers, and others; and

 

(6) community-based, evidence-based postvention training to mental health professionals and practitioners in order to provide technical assistance to communities after a suicide and to prevent suicide clusters and contagion; and

 

(7) a nonprofit organization to provide crisis telephone counseling services across the state to people in suicidal crisis or emotional distress, 24 hours a day, seven days a week, 365 days a year.

 

Sec. 64.  Minnesota Statutes 2016, section 145.928, subdivision 1, is amended to read:

 

Subdivision 1.  Goal; establishment.  It is the goal of the state, by 2010, to decrease by 50 percent the disparities in infant mortality rates and adult and child immunization rates for American Indians and populations of color, as compared with rates for whites.  To do so and to achieve other measurable outcomes, the commissioner of health shall establish a program to close the gap in the health status of American Indians and populations of color as compared with whites in the following priority areas:  infant mortality, access to and utilization of high-quality prenatal care, breast and cervical cancer screening, HIV/AIDS and sexually transmitted infections, adult and child immunizations, cardiovascular disease, diabetes, and accidental injuries and violence.

 

Sec. 65.  Minnesota Statutes 2016, section 145.928, subdivision 7, is amended to read:

 

Subd. 7.  Community grant program; immunization rates, prenatal care access and utilization, and infant mortality rates.  (a) The commissioner shall award grants to eligible applicants for local or regional projects and initiatives directed at reducing health disparities in one or both more of the following priority areas:


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(1) decreasing racial and ethnic disparities in infant mortality rates; or

 

(2) decreasing racial and ethnic disparities in access to and utilization of high-quality prenatal care; or

 

(2) (3) increasing adult and child immunization rates in nonwhite racial and ethnic populations.

 

(b) The commissioner may award up to 20 percent of the funds available as planning grants.  Planning grants must be used to address such areas as community assessment, coordination activities, and development of community supported strategies.

 

(c) Eligible applicants may include, but are not limited to, faith-based organizations, social service organizations, community nonprofit organizations, community health boards, tribal governments, and community clinics.  Applicants must submit proposals to the commissioner.  A proposal must specify the strategies to be implemented to address one or both more of the priority areas listed in paragraph (a) and must be targeted to achieve the outcomes established according to subdivision 3.

 

(d) The commissioner shall give priority to applicants who demonstrate that their proposed project or initiative:

 

(1) is supported by the community the applicant will serve;

 

(2) is research-based or based on promising strategies;

 

(3) is designed to complement other related community activities;

 

(4) utilizes strategies that positively impact both two or more priority areas;

 

(5) reflects racially and ethnically appropriate approaches; and

 

(6) will be implemented through or with community-based organizations that reflect the race or ethnicity of the population to be reached.

 

Sec. 66.  Minnesota Statutes 2016, section 146B.03, is amended by adding a subdivision to read:

 

Subd. 7a.  Supervisors.  (a) A technician must have been licensed in Minnesota or in a jurisdiction with which Minnesota has reciprocity for at least:

 

(1) two years as a tattoo technician in order to supervise a temporary tattoo technician; or

 

(2) one year as a body piercing technician in order to supervise a temporary body piercing technician.

 

(b) Any technician who agrees to supervise more than two temporary tattoo technicians during the same time period, or more than four body piercing technicians during the same time period, must provide to the commissioner a supervisory plan that describes how the technician will provide supervision to each temporary technician in accordance with section 146B.01, subdivision 28.

 

(c) The commissioner may refuse to approve as a supervisor a technician who has been disciplined in Minnesota or in another jurisdiction after considering the criteria in section 146B.02, subdivision 10, paragraph (b).


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Sec. 67.  Minnesota Statutes 2016, section 147A.08, is amended to read:

 

147A.08 EXEMPTIONS.

 

(a) This chapter does not apply to, control, prevent, or restrict the practice, service, or activities of persons listed in section 147.09, clauses (1) to (6) and (8) to (13), persons regulated under section 214.01, subdivision 2, or persons defined in section 144.1501, subdivision 1, paragraphs (i), (k), and (j), (l), and (m).

 

(b) Nothing in this chapter shall be construed to require licensure of:

 

(1) a physician assistant student enrolled in a physician assistant educational program accredited by the Accreditation Review Commission on Education for the Physician Assistant or by its successor agency approved by the board;

 

(2) a physician assistant employed in the service of the federal government while performing duties incident to that employment; or

 

(3) technicians, other assistants, or employees of physicians who perform delegated tasks in the office of a physician but who do not identify themselves as a physician assistant.

 

Sec. 68.  Minnesota Statutes 2016, section 148.512, subdivision 17a, is amended to read:

 

Subd. 17a.  Speech-language pathology assistant.  "Speech-language pathology assistant" means a person who provides speech-language pathology services under the supervision of a licensed speech-language pathologist in accordance with section 148.5192 practices speech-language pathology assisting, meets the requirements under section 148.5185 or 148.5186, and is licensed by the commissioner.

 

EFFECTIVE DATE.  This section is effective January 1, 2019.

 

Sec. 69.  Minnesota Statutes 2016, section 148.513, subdivision 1, is amended to read:

 

Subdivision 1.  Unlicensed practice prohibited.  A person must not engage in the practice of speech-language pathology or, audiology, or speech-language pathology assisting unless the person is licensed as a speech-language pathologist or, an audiologist, or a speech-language pathology assistant under sections 148.511 to 148.5198 or is practicing as a speech-language pathology assistant in accordance with section 148.5192.  For purposes of this subdivision, a speech-language pathology assistant's duties are limited to the duties described in accordance with section 148.5192, subdivision 2.

 

EFFECTIVE DATE.  This section is effective January 1, 2019.

 

Sec. 70.  Minnesota Statutes 2016, section 148.513, subdivision 2, is amended to read:

 

Subd. 2.  Protected titles and restrictions on use; speech-language pathologists and audiologists.  (a) Notwithstanding paragraph (b) Except as provided in subdivision 2b, the use of the following terms or initials which represent the following terms, alone or in combination with any word or words, by any person to form an occupational title is prohibited unless that person is licensed as a speech-language pathologist or audiologist under sections 148.511 to 148.5198:

 

(1) speech-language;

 

(2) speech-language pathologist, S, SP, or SLP;


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(3) speech pathologist;

 

(4) language pathologist;

 

(5) audiologist, A, or AUD;

 

(6) speech therapist;

 

(7) speech clinician;

 

(8) speech correctionist;

 

(9) language therapist;

 

(10) voice therapist;

 

(11) voice pathologist;

 

(12) logopedist;

 

(13) communicologist;

 

(14) aphasiologist;

 

(15) phoniatrist;

 

(16) audiometrist;

 

(17) audioprosthologist;

 

(18) hearing therapist;

 

(19) hearing clinician; or

 

(20) hearing aid audiologist.

 

Use of the term "Minnesota licensed" in conjunction with the titles protected under this paragraph subdivision by any person is prohibited unless that person is licensed as a speech-language pathologist or audiologist under sections 148.511 to 148.5198.

 

(b) A speech-language pathology assistant practicing under section 148.5192 must not represent, indicate, or imply to the public that the assistant is a licensed speech-language pathologist and shall only utilize one of the following titles:  "speech-language pathology assistant," "SLP assistant," or "SLP asst."

 

EFFECTIVE DATE.  This section is effective January 1, 2019.

 

Sec. 71.  Minnesota Statutes 2016, section 148.513, is amended by adding a subdivision to read:

 

Subd. 2b.  Protected titles and restrictions on use; speech-language pathology assistants.  (a) Use of the following titles is prohibited, unless that person is licensed under section 148.5185 or 148.5186:  "speech-language pathology assistant," "SLP assistant," or "SLP asst."


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(b) A speech-language pathology assistant licensed under section 148.5185 or 148.5186 must not represent, indicate, or imply to the public that the assistant is a licensed speech-language pathologist and shall only utilize one of the following titles:  "speech-language pathology assistant," "SLP assistant," or "SLP asst."  A speech-language pathology assistant licensed under section 148.5185 or 148.5186 may use the term "licensed" or "Minnesota licensed" in connection with a title listed in this paragraph.  Use of the term "Minnesota licensed" in conjunction with any of the titles protected under paragraph (a) by any person is prohibited unless that person is licensed under section 148.5185 or 148.5186.

 

EFFECTIVE DATE.  This section is effective January 1, 2019.

 

Sec. 72.  Minnesota Statutes 2016, section 148.515, subdivision 1, is amended to read:

 

Subdivision 1.  Applicability.  Except as provided in section 148.516 or 148.517, an applicant for licensure as a speech-language pathologist or audiologist must meet the requirements in this section.

 

EFFECTIVE DATE.  This section is effective January 1, 2019.

 

Sec. 73.  Minnesota Statutes 2016, section 148.516, is amended to read:

 

148.516 LICENSURE BY EQUIVALENCY.

 

An applicant who applies for licensure by equivalency as a speech-language pathologist or audiologist must show evidence of possessing a current certificate of clinical competence issued by the American Speech-Language-Hearing Association or board certification by the American Board of Audiology and must meet the requirements of section 148.514.

 

EFFECTIVE DATE.  This section is effective January 1, 2019.

 

Sec. 74.  [148.5185] RESTRICTED LICENSURE; SPEECH-LANGUAGE PATHOLOGY ASSISTANTS.

 

Subdivision 1.  Qualifications for a restricted license.  To be eligible for restricted licensure as a speech‑language pathology assistant, an applicant must satisfy the requirements in subdivision 2, 3, or 4.

 

Subd. 2.  Person practicing as a speech-language pathology assistant before January 1, 2019.  (a) A person who is practicing as a speech-language pathology assistant before January 1, 2019, and who does not meet the qualifications for a license under section 148.5186 may apply for a restricted speech-language pathology assistant license from the commissioner.  An applicant under this paragraph must submit to the commissioner:

 

(1) proof of current employment as a speech-language pathology assistant; and

 

(2) a signed affidavit affirming supervision, from the licensed speech-language pathologist currently supervising the applicant.

 

(b) In order to be licensed as a speech-language pathology assistant under section 148.5186, a licensee with a restricted license under this subdivision must obtain an associate degree from a speech-language pathology assistant program that is accredited by the Higher Learning Commission of the North Central Association of Colleges or its equivalent, as approved by the commissioner, and that includes (1) coursework on an introduction to communication disorders, phonetics, language development, articulation disorders, language disorders, anatomy of speech/language hearing, stuttering, adult communication disorders, and clinical documentations and materials management; and (2) at least 100 hours of supervised field work experience in speech-language pathology assisting.  Upon completion of the requirements in this paragraph prior to January 1, 2025, a licensee with a restricted license under this subdivision is eligible to apply for licensure under section 148.5186.


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Subd. 3.  Person with a bachelor's degree in communication sciences or disorders and practicing as a speech-language pathology assistant before January 1, 2019.  (a) A person with a bachelor's degree in the discipline of communication sciences or disorders and who is practicing as a speech-language pathology assistant before January 1, 2019, but who does not meet the qualifications for a license under section 148.5186, may apply for a restricted speech-language pathology assistant license from the commissioner.  An applicant under this paragraph must submit to the commissioner:

 

(1) a transcript from an educational institution documenting satisfactory completion of a bachelor's degree in the discipline of communication sciences or disorders;

 

(2) proof of current employment as a speech-language pathology assistant; and

 

(3) a signed affidavit affirming supervision, from the licensed speech-language pathologist currently supervising the applicant.

 

(b) In order to be licensed as a speech-language pathology assistant under section 148.5186, a licensee with a restricted license under this subdivision must complete (1) coursework from a speech-language pathology assistant program in articulation disorders, language disorders, adult communication disorders, and stuttering; and (2) at least 100 hours of supervised field work experience in speech-language pathology assisting.  Upon completion of the requirements in this paragraph prior to January 1, 2025, a licensee with a restricted license under this subdivision is eligible to apply for licensure under section 148.5186.

 

Subd. 4.  Person with an associate degree from a program that does not meet requirements in section 148.5186.  (a) A person with an associate degree from a speech-language pathology assistant program that does not meet the requirements in section 148.5186, subdivision 1, clause (1), may apply for a restricted speech-language pathology assistant license from the commissioner.  An applicant under this paragraph must submit to the commissioner a transcript from an educational institution documenting satisfactory completion of an associate degree from a speech-language pathology assistant program.  If the commissioner determines that the applicant's speech-language pathology assistant program does not include coursework or supervised field work experience that is equivalent to a program under section 148.5186, subdivision 1, clause (1), the commissioner may issue a restricted license to the applicant.

 

(b) In order to be licensed as a speech-language pathology assistant under section 148.5186, a licensee with a restricted license under this subdivision must complete any missing coursework or supervised field work experience, as determined by the commissioner, in a speech-language pathology assisting program.  Upon completion of the requirements in this paragraph prior to January 1, 2025, a licensee with a restricted license under this subdivision is eligible to apply for licensure under section 148.5186.

 

Subd. 5.  Additional requirements; restricted license.  (a) A restricted license issued under subdivision 2, 3, or 4 may be renewed biennially until January 1, 2025.

 

(b) A licensee with a restricted license under subdivision 2 or 3 may only practice speech-language pathology assisting for the employer with whom the licensee was employed when the licensee applied for licensure.

 

Subd. 6.  Continuing education.  In order to renew a restricted license, a licensee must comply with the continuing education requirements in section 148.5193, subdivision 1a.

 

Subd. 7.  Scope of practice.  Scope of practice for a speech-language pathology assistant licensed under this section is governed by section 148.5192, subdivision 2.

 

EFFECTIVE DATE.  This section is effective January 1, 2019.


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Sec. 75.  [148.5186] LICENSURE; SPEECH-LANGUAGE PATHOLOGY ASSISTANTS.

 

Subdivision 1.  Requirements for licensure.  To be eligible for licensure as a speech-language pathology assistant, an applicant must submit to the commissioner a transcript from an educational institution documenting satisfactory completion of either:

 

(1) an associate degree from a speech-language pathology assistant program that is accredited by the Higher Learning Commission of the North Central Association of Colleges or its equivalent as approved by the commissioner, which includes at least 100 hours of supervised field work experience in speech-language pathology assisting; or

 

(2) a bachelor's degree in the discipline of communication sciences or disorders and a speech-language pathology assistant certificate program that includes (i) coursework in an introduction to speech-language pathology assisting, stuttering, articulation disorders, and language disorders; and (ii) at least 100 hours of supervised field work experience in speech-language pathology assisting.

 

Subd. 2.  Licensure by equivalency.  An applicant who applies for licensure by equivalency as a speech‑language pathology assistant must provide evidence to the commissioner of satisfying the requirements in subdivision 1.

 

Subd. 3.  Scope of practice.  Scope of practice for a speech-language pathology assistant licensed under this section is governed by section 148.5192, subdivision 2.

 

EFFECTIVE DATE.  This section is effective January 1, 2019.

 

Sec. 76.  Minnesota Statutes 2017 Supplement, section 148.519, subdivision 1, is amended to read:

 

Subdivision 1.  Applications for licensure; speech-language pathologists and audiologists.  (a) An applicant for licensure as a speech-language pathologist or audiologist must:

 

(1) submit a completed application for licensure on forms provided by the commissioner.  The application must include the applicant's name, certification number under chapter 153A, if applicable, business address and telephone number, or home address and telephone number if the applicant practices speech-language pathology or audiology out of the home, and a description of the applicant's education, training, and experience, including previous work history for the five years immediately preceding the date of application.  The commissioner may ask the applicant to provide additional information necessary to clarify information submitted in the application; and

 

(2) submit documentation of the certificate of clinical competence issued by the American Speech-Language-Hearing Association, board certification by the American Board of Audiology, or satisfy the following requirements:

 

(i) submit a transcript showing the completion of a master's or doctoral degree or its equivalent meeting the requirements of section 148.515, subdivision 2;

 

(ii) submit documentation of the required hours of supervised clinical training;

 

(iii) submit documentation of the postgraduate clinical or doctoral clinical experience meeting the requirements of section 148.515, subdivision 4; and

 

(iv) submit documentation of receiving a qualifying score on an examination meeting the requirements of section 148.515, subdivision 6.


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(b) In addition, an applicant must:

 

(1) sign a statement that the information in the application is true and correct to the best of the applicant's knowledge and belief;

 

(2) submit with the application all fees required by section 148.5194;

 

(3) sign a waiver authorizing the commissioner to obtain access to the applicant's records in this or any other state in which the applicant has engaged in the practice of speech-language pathology or audiology; and

 

(4) consent to a fingerprint-based criminal history background check as required under section 144.0572, pay all required fees, and cooperate with all requests for information.  An applicant must complete a new criminal history background check if more than one year has elapsed since the applicant last applied for a license.

 

EFFECTIVE DATE.  This section is effective January 1, 2019.

 

Sec. 77.  Minnesota Statutes 2016, section 148.519, is amended by adding a subdivision to read:

 

Subd. 1a.  Applications for licensure; speech-language pathology assistants.  An applicant for licensure as a speech-language pathology assistant must submit to the commissioner:

 

(1) a completed application on forms provided by the commissioner.  The application must include the applicant's name, business address and telephone number, home address and telephone number, and a description of the applicant's education, training, and experience, including previous work history for the five years immediately preceding the application date.  The commissioner may ask the applicant to provide additional information needed to clarify information submitted in the application;

 

(2) documentation that the applicant satisfied one of the qualifications listed in section 148.5185 or 148.5186;

 

(3) a signed statement that the information in the application is true and correct to the best of the applicant's knowledge and belief;

 

(4) all fees required under section 148.5194; and

 

(5) a signed waiver authorizing the commissioner to obtain access to the applicant's records in this or any other state in which the applicant has worked as a speech-language pathology assistant.

 

EFFECTIVE DATE.  This section is effective January 1, 2019.

 

Sec. 78.  Minnesota Statutes 2016, section 148.5192, subdivision 1, is amended to read:

 

Subdivision 1.  Delegation requirements.  A licensed speech-language pathologist may delegate duties to a speech-language pathology assistant in accordance with this section.  Duties may only be delegated to an individual who has documented with a transcript from an educational institution satisfactory completion of either:

 

(1) an associate degree from a speech-language pathology assistant program that is accredited by the Higher Learning Commission of the North Central Association of Colleges or its equivalent as approved by the commissioner; or


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(2) a bachelor's degree in the discipline of communication sciences or disorders with additional transcript credit in the area of instruction in assistant-level service delivery practices and completion of at least 100 hours of supervised field work experience as a speech-language pathology assistant student is licensed under section 148.5185 or 148.5186.

 

EFFECTIVE DATE.  This section is effective January 1, 2019.

 

Sec. 79.  Minnesota Statutes 2017 Supplement, section 148.5193, subdivision 1, is amended to read:

 

Subdivision 1.  Number of contact hours required.  (a) An applicant for licensure renewal as a speech‑language pathologist or audiologist must meet the requirements for continuing education stipulated by the American Speech-Language-Hearing Association or the American Board of Audiology, or satisfy the requirements described in paragraphs (b) to (e).

 

(b) Within one month following expiration of a license, an applicant for licensure renewal as either a speech‑language pathologist or an audiologist must provide evidence to the commissioner of a minimum of 30 contact hours of continuing education obtained within the two years immediately preceding licensure expiration.  A minimum of 20 contact hours of continuing education must be directly related to the licensee's area of licensure.  Ten contact hours of continuing education may be in areas generally related to the licensee's area of licensure.  Licensees who are issued licenses for a period of less than two years shall prorate the number of contact hours required for licensure renewal based on the number of months licensed during the biennial licensure period.  Licensees shall receive con